Category Archives: Leases

2019 USDA NASS State and County Cash Rent Survey Results

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Today’s blog post contains maps developed by Dr. Justin Benavidez, our District Economist here in Amarillo.  Dr. Benavidez has been an outstanding addition to our AgriLife faculty and has even taught me–a lawyer–about economics, so you know he’s got to be good!  Dr. Benavidez has a blog, and you can subscribe to receive his posts as emails to you.  Click here to learn more.   If you’re curious what average cash rent rates are in your area, we’ve got the info for you! USDA NASS Cash Rent Survey… Read More →

Ag Land Sale and Grazing Lease Gone Wrong

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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 →

Common Agricultural Lease Payment Structures

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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

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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

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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

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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

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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

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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?

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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

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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 →