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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →