Category Archives: Uncategorized

Thank You To Our Sponsors!

We wanted to take a minute to give a big THANK YOU to all of the Texas Agriculture Law Blog sponsors.  We are so grateful for your support of this blog! We appreciate Capital Farm Credit,  Lone Star Ag Credit, Texas Corn Producers, Texas Farm Credit, Texas Forestry Association, Texas and Southwestern Cattle Raisers Association, Insureberry (a division of Ag Workers Insurance), Texas Grain Sorghum Producers Association, Texas Land Associates, and Texan Title. If you’re a reader, please take a moment to thank these sponsors!

Rights of First Refusal and the Importance of Record Notice

A right of first refusal can be a good way to ensure a person has an option to purchase property before it is sold to another.  However, as the Amarillo Court of Appeals recently considered in Mr. W. Fireworks, Inc. v. 731 Properties, LLC, certain steps must be taken to ensure enforceability of this right.  [Read opinion here.] Background Mr. W Fireworks, Inc. (“Mr. W”) owns fireworks stands across Texas, New Mexico, and Oklahoma.  One of its stands is on Soncy Road in Amarillo on land that it leased… Read More →

FREE Direct Beef Sales Programs

Are you interested in selling beef directly to the consumer?  What type of insurance do you need? How do you set your prices?  Do you need any permits?  Will it increase your profits?  Not sure where to start?  Wonder what mistakes people have made getting their business off the ground? We’ve got the program for you! Dr. Justin Benavidez and I will be hosting two in-person programs focused on the legal and economic issues related to direct beef sales.  These day-long programs will cover a variety of issues… Read More →

US Court of Appeals for the Tenth Circuit Dismisses Beef Labeling Claim

The United States Court of Appeals for the Tenth Circuit recently dismissed a lawsuit filed by a New Mexico consumer and a New Mexico cattle rancher against beef packers claiming that the packers’ use of the “Product of the USA” label is misleading as not all products bearing such label originate from cattle born and raised in the United States.  [Read Opinion here.] Background This case involves two class action Complaints filed against packers Tyson Foods, Cargill Meat Solutions, JBS USA Food Company, and National Beef (“the Defendants”). … Read More →

Southern Ag Today

For those of you interested in agriculture across the southern United States, we have an exciting new project!  Southern Ag Today is a collaboration between 13 universities across the South, including Texas A&M.  Each weekday, there is a short article on a topic of interest to southern agriculture. Topics range from crop and livestock marketing to policy, farm management to co-ops, international trade to forestry, rural development to agricultural law (obviously my favorite!)   Check out the website and subscribe to hear from some of the best economists… Read More →

March 4, 2022 Weekly Round Up

Happy Friday!  There have been a number of agricultural law stories in the news over the past couple of weeks. *Texas Supreme Court hears oral arguments in Hlavinka v. HSC Pipeline Partnership.  The Texas Supreme Court recently heard oral arguments in an important eminent domain case analyzing what a pipeline must show in order to claim common carrier status and the ability of a landowner to testify regarding other pipeline easement values.  To read my summary of the court of appeals’ decision being reviewed by the Supreme Court, click… Read More →

Ft. Worth Court of Appeals Decides Dispute Over Cow Sale

Recently, the Ft. Worth Court of Appeals issued a ruling in Berry v. The New Gainesville Livestock Auction, LLC  case involving a dispute between a cattle purchaser and a local auction barn who sold him eleven head of cows.  This case offers a few important considerations for us to consider.   Background Berry runs a small cow-calf operation on 40 acres in Cooke County and has done so since 2005 in addition to his full-time job as a CPA.  In October 2017, Berry attended a sale at The New… Read More →

Updated Owning Your Piece of Texas Handbook

We are excited to debut our newly updated Owning Your Piece of Texas handbook!  This book walks through the key laws that rural landowners and agricultural producers need to know in Texas. We published the initial version of this book in 2019.  This new version is updated to reflect legal changes that have occurred in the past three years. To download your free copy, click here.  If you’d like to order a hard copy, contact my assistant Lacrecia at 806-677-5600 to purchase yours for $30 (shipping included). Lastly,… Read More →

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 →