Category Archives: Leases

Common Agricultural Lease Payment Structures

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 →

Agricultural Tenants and Eminent Domain Proceeds

In Texas, a good deal of agricultural land is leased out to tenants that either farm or raise livestock on the land.  Recently, I’ve received a number of questions from agricultural tenants related to their rights in the event some portion of the leased property is impacted by eminent domain. A condemning entity, like a pipeline company, is required to pay just compensation in order to condemn the property needed for the project.  Just compensation is defined as the fair market value of the property at the time… Read More →

November 30, 2018 Weekly Round Up

I hope you all had a wonderful Thanksgiving!   Welcome to another Ag Law Round Up. This week, I traveled to Victoria, Texas to visit with landowners there about eminent domain and fence law.  Welcome to those of you joining from that program. Here are some of the ag law stories in the news this week. *US Supreme Court rules on Endangered Species Act case.  The US Supreme Court issued a ruling in a case asking whether, in order to be designated as “critical habitat” under the Endangered Species… Read More →

Talking Grazing Leases on Ag Law Today

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.

September 28, 2018 Weekly Round Up

Over the last couple of weeks, I’ve been on the speaking trail again with programs in Nacogdoches, Ft. Worth, and Quitaque.  Welcome to those of you joining from these events. Here are some of the ag law stories in the news this week. *Agricultural producers concerned about changes to Pasture, Range and Forage Insurance.  The USDA has announced it will make changes to the county base rates, which is one part of a formula used to calculate coverage that may be purchased under the PRF rainfall insurance product. … Read More →

September 14, 2018 Weekly Round Up

As usual, things around here have been crazy.  I apologize for the lack of a Round Up post last Friday, but I spend most of my week on the road.  Last Tuesday, I was in Childless for an Extension wildlife meeting talking about hunting leases.  Then, on Friday I spoke at our Ranchers Leasing Workshop event in Bryan.  Saturday, I was able to speak at the Agricultural Economics Department Tailgate before the Texas A&M University football game.  Then, this Tuesday I made my way to Lubbock to speak… Read More →

Questions from Tiffany’s Desk: What Documentation Should I Have for Hunters on My Property?

Question:  I’m leasing out my land to hunters this year.  What type of documentation should I obtain from them? Answer:  This is a common question asked by Texas landowners.  They want to allow their friends, family, or the public to enter their property for activities like hunting, fishing, or swimming, but also want to protect themselves against liability.  I recommend three documents be signed by and collected from each person entering the property for a recreational use, such as hunting. Hunting Lease.  All landowners should require a hunting… Read More →

2018 NASS US and State Cash Rent Survey Results Published

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 →

Recorded Webinar: Ranchers Agricultural Leasing Webinar

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 →

Negotiating a Fair Cash Lease Rate in Texas

One of the most common questions I am asked is how much a person should charge (if a landowner) or pay (if a tenant) for an agricultural lease.  To help folks answer this question, I have put together a fact sheet listing several free resources available to Texas landowners that may help in this process.  From who to talk to at the coffee shop, to the United States Department of Agriculture surveys, to a Texas Land Value Trend report, to Agricultural Economics Department budgets, this fact sheet will… Read More →