The facts underlying the Austin Court of Appeals decision in Marek v. Lehrer are an agricultural real estate deal gone terribly wrong.  This case is a great example of why it is so important to have every agreement  put into writing and timely signed by the parties. Factual Background R.L. Lehrer, a cattle rancher in San Saba County decided to sell 257 acres of his property and to lease the property back to continue grazing his cattle.  He planned to use the proceeds from the property sale and from… Read More →

For agricultural lease agreements, there are normally three types of arrangements utilized: cash leases, crop share leases, and flex/hybrid leases.  There is no right or wrong option to select here so long as the parties can agree on the structure and the details that go along with that selection and understand the potential implications.  It is advisable to visit with an accountant and an attorney before making this type of decision as it can impact a landowner with regard to who will receive government program payments, what self… Read More →

Earlier this year, my friend and Texas A&M University alum, Cari Rincker, invited me to join her on her new show, Ag Law Today.  Cari and I had a video interview about one of my favorite topics, grazing leases. From why leases should be put in writing to what key terms landowners to consider, I enjoyed the chance to chat with Cari about these important considerations for landowners and livestock producers. To listen to the episode, click here.

August is here, which means that the USDA National Agricultural Statistics Service has published its survey results showing average cash rental rates by state.  Next month, they will issue their report breaking this information down within each state by region and county.  Stay tuned for that information the second week of September. The 2018 NASS report offers average rental rates for irrigated cropland, non-irrigated cropland and pastureland across the country.  Lands used for haying or CRP are considered to be cropland, rather than pastureland.  The 2018 results are… Read More →

Earlier this month, we hosted a Ranchers Agricultural Leasing Webinar focused on grazing and hunting leases.  We had a great turn out and many compliments on the program being useful and practical for landowners and producers. Pete Flores in the Ecosystem Science & Management Department was kind enough to handle all of the logistics, hosting duties, and he recorded the webinar for folks unable to attend. View recording here. This webinar was a (very) condensed version of our Ranchers Leasing Workshops that will be held this fall in… Read More →