Texas Supreme Court Rules in Case Involving Damages to Trees

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The Texas Supreme Court recently issued an opinion in Texas Department of Transportation v. Self, a case regarding compensation for landowners when the State cut down trees on their property while maintaining an adjacent easement.  [Read Opinion here.] Background Mark and Birgit Self own a tract of land in rural Montague County.  Their property adjoins Farm-to-Market Road 677 and extends to the centerline of the road.  The State of Texas has a right-of-way easement extending 50′ from the centerline of the road in either direction.  This easement burdens… Read More →

Texas v. New Mexico – Where Are We Now?

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Recently, Jesse Richardson and I co-authored an article for Southern Ag Today looking at the current status of Texas v. New Mexico and what the United States Supreme Court’s recent opinion in this case may mean for water law going forward. To read the article, click here. For additional background on the case, read here and listen here.

August 2, 2024 Weekly Round Up

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It has been a fast and furious summer here, and we have fallen behind on our bi-weekly round ups.  We are here today to help get you caught up on the biggest ag law news around the country! *Court rules Massachusetts’ Question 3 is not preempted by Federal Meat Inspection Act.  A Massachusetts federal court recently ruled that Massachusetts’ Question 3, a ballot initiative banning the sale of pork that is not raised in accordance with certain practices, is not preempted by the Federal Meat Inspection Act as… Read More →

Introducing Our Where’s the Beef Video Series!

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We are very excited to announce the launch of our Where’s the Beef Video Series.  If you are interested in or involved with direct beef sales, this information is for you! In these seven interviews, we talked to people with boots on the ground in the direct beef sales arena.  From producers who have taken a variety of different approaches to marketing their beef, to a small packing plant operator who works with a number of these businesses, to the State of Texas licensing authority, we asked the… Read More →

Do You Have a Flight Plan?

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We recently published a new fact sheet asking the question, “Do you have a flight plan?” Taking time to gather documents and build a flight plan is an important, but often overlooked part, of an estate plan. To learn more, click here.  

Ranch ATV Accident Results in Lawsuit

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When a teenager was killed while riding in an ATV owned by Blackjack Ranch, was the Ranch liable for his death?  This was the question before the court in Mitschke v. Borromeo. Background Justin Behrens worked as the foreman and sole employee of Blackjack Ranch (Ranch).  The Ranch was owned by Marida Favia del Core Borromeo (Marida).  The Ranch and Marida owned a Polaris Ranger ATV. On April 2017, the ATV was parked at Justin’s house.  Justin’s 16-year-old son, Bristen, and two of his 16 year-old friends took the… Read More →

Fence Boundary Dispute Involves Adverse Possession Claim

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The ownership of forty-two acres was in dispute in Best v. Thornton, a case involving claims of adverse possession when a barbed-wire fence was built off the property line decades ago. Background In 1975, Randolph Best’s grandmother deeded him a one-third undivided interest in two contiguous tracts of land.  The remaining two-thirds undivided interest were deeded to the remaining Appellants in this case.  One tract contained 322 acres and the other contained 320 acres, for a total of 642 acres. In 2020, a survey was conducted in conjunction with… Read More →

June 28, 2024 Weekly Round Up

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It has been a whirlwind of a couple of weeks for agricultural law.  Here is a quick rundown of some of the biggest stories in the news. *Federal government lifts boundary limitations on Muleshoe National Wildlife Refuge.  The US Department of the Interior has lifted boundary limitations on four wildlife refuges across the country, including the Muleshoe National Wildlife Refuge here in Texas.  This will allow these refuges to expand their acreage.  Importantly, the acquisition of any additional acreage will be voluntary and will not be taken by… Read More →

Federal Judge Enjoins USDA from Using “Socially Disadvantaged Farmer/Rancher” Category in Making ERP 2022 Payments

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A federal judge in Texas entered an injunction in Strickland v. USDA prohibiting the USDA from providing increased payments or additional relief to those meeting its definition of a “socially disadvantaged farmer or rancher” in its ERP 2022 program.  [Read Opinion and Order here.]  While the injunction applies only to ERP 2022, the Court’s discussion of the Plaintiffs’ likelihood of success on the merits could seemingly apply to other programs for which the “socially disadvantaged” categorization is used. Background Plaintiffs are Texas farmers who sued the USDA alleging the USDA’s… Read More →

Attorney General Opines TREC License Required to Negotiate Wind Leases

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The Attorney General recently opined on whether a person helping to secure or negotiate a wind lease in Texas is required to be licensed by the Texas Real Estate Commission. Background The Chair of the Texas Real Estate Commission (TREC) contacted the Texas Attorney General (AG) to ask “whether a person who negotiates a lease for property for the development of a wind power project on behalf of another, for compensation, must have a license from the Texas Real Estate Commission.”  Historically, TREC has taken the position that… Read More →