Category Archives: Uncategorized

Breaking News: EPA Bans Use of Enlist Duo & Enlist One in Certain Counties Across US

On January 11, 2022, the Environmental Protection Agency (“EPA”) granted new registrations and labels for Corteva’s Enlist One and Enlist Duo herbicides. [Documents here.] The EPA approved registration but included additional requirements and a list of counties across the US for which use will be banned. Background Enlist One and Enlist Duo are 2,4-D-based herbicides for over-the-top use in 2,4-D-tolerant cotton, corn, and soybeans to help control broadleaf weeds.  They were initially registered for five years in 2017.  That registration was set to expire on January 12, 2022…. Read More →

Save the Dates: 2022 Owning Your Piece of Texas & Ranchers Leasing Workshops

We are excited to announce our live program dates for 2022. Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know This one-of-a-kind program offers rural landowners and agricultural producers in Texas an overview of many of the key agricultural law issues that they could face. From landowner liability to eminent domain, special use tax valuation to fence law, we address practical issues in a way that makes them understandable to Texans. I will be joined by several guest speakers who are experts in these areas… Read More →

Questions from Tiffany’s Desk: What Statutory Protections Apply if Hunters Are Injured on My Land?

Question:  What statutory protections are available as a defense to a landowner if hunters are injured on my land? Answer:  With opening weekend for deer season right around the corner, this is a great and timely question. There are two main statutes that could apply in this situation:  Texas Recreational Use Statute and Texas Agritourism Act.  As you will see, there are many situations, including hunting, where both statutes may be an available defense if someone is injured. Recreational Use Statute The Texas Recreational Use statute provides that a… Read More →

Tyler Court of Appeals Affirms Nuisance Verdict, Permanent Injunction Against Chicken Farm

The Tyler Court of appeals recently affirmed a nuisance verdict and resulting permanent injunction against an East Texas poultry farm. Background Plaintiffs each own rural property in the Malakoff area of Henderson County, Texas.  In 2015, Defendant Steve Huynh bought 231 acres of land in Malakoff to build a chicken farm.  Steve previously owned and operated chicken barns for Defendant Sanderson.  Both Defendants Timmy Huynh and Thinh Nguyen, relatives of Steve, were approved as growers for Sanderson, and Steve’s Henderson County property was approved as a barn site…. Read More →

TX Livestock & Horse Brands Expiring, Need To Renew by February

In Texas, if a livestock owner uses brands, earmarks, tattoos, or electronic devices to mark their cattle, hogs, sheep, goats, or horses, they must register the brands with the county clerk.  See Texas Agric. Code Sections 144.001; 144.041.  Brands must be registered at the county clerk’s office in any county where the livestock resides.  See Texas Agric. Code Section 144.041.  For example, if we have livestock both in Carson County and in Gray County, we will need to ensure that our brand is registered at both of those… Read More →

Goliad County Cattle Seized for Cruel Treatment Returned, Case Dismissed

A recent situation involving the immediate seizure of cattle in Goliad County brought a lot of attention to the laws regarding when livestock can be seized when allegations of animal cruelty have been made. Background  When Mr. Franke, an 81-year old Goliad County cattle rancher died, he left 100 head of cattle and a portion of land to the Padillas, a couple who had worked for Mr. Franke caring for his livestock for years.  Mr. Franke’s children challenged Mr. Franke’s will, arguing they should be entitled to the… Read More →

Owning Your Piece of Texas Online Course!

We’ve been working hard over the last year on a really exciting project.  Our Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know Online Course is now available!   Given the popularity of our live Owning Your Piece of Texas courses, we wanted to have an online, on-demand option for rural landowners and agricultural producers interested in learning about various laws they may encounter.  Topics include water law, oil and gas law, eminent domain, special use tax valuation, renewable energy leases, fence law, landowner liability,… Read More →

April 23, 2021 Weekly Round Up

Happy Friday!  It’s sure been a week around here.  I hope we all get some rest this weekend. Here are some of the ag law stories in the news the past couple of weeks. *Important property tax deadlines coming up for rural Texas landowners.  Many property tax deadlines are coming up, requiring that paperwork be submitted by rural landowners to County Appraisal Districts before May 1.  This includes the deadline to submit an open space valuation application and a wildlife management valuation application.  Keep in mind, anyone who… Read More →

New Fact Sheet: On-Site Brush Pile Burning in Texas

There are a number of considerations that a person should undertake when preparing to burn brush piles in Texas.  From reviewing and understanding applicable Texas Commission on Environmental Quality regulations, to investigating any local outdoor burning rules and regulations, to evaluating the weather forecast, to preparing a safe area to burn, there is a long list of action items prior to lighting the brush piles on fire. I recently co-authored a fact sheet on this topic with Dr. Morgan Treadwell, Extension Range Specialist in San Angelo and Chase… Read More →

Ranchers Leasing Workshop Wins WAEA Outstanding Extension Program Award

Article written by Kay Ledbetter, published in Texas A&M AgriLife Today The Outstanding Extension Program Award for Project was presented to the Ranchers Leasing Workshop Team at the Western Agricultural Economics Association, WAEA, virtual awards ceremony recently. The AgriLife Extension team consists of Tiffany Dowell Lashmet, agriculture law specialist, Amarillo; and Greg Kaase, Ph.D., agricultural economist and risk management specialist, and Emmy Kiphen, program specialist, both of College Station. WAEA includes over 600 members, primarily from the western U.S. and Canada, who are professional economists working in academic institutions, government agencies… Read More →