TX House Bill to Modify Farm Animal Liability Act Unanimous Out of Committee

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A bill that would seek to essentially undo a 2020 Texas Supreme Court decision limiting the scope of the Texas Farm Animal Liability Act (FALA) has been unanimously passed out of the House Judiciary and Civil Jurisprudence Committee.  For farmers and ranchers, this is an important issue as it relates to their legal protection from liability for injuries caused by horses or livestock. Statutory Background The Texas Equine Act was passed in 1995.  The scope of the statute was amended in 2011 to expand the scope of the… Read More →

March 26, 2021 Weekly Round Up

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Happy Friday!  Here a few of the ag law stories in the news the past couple of weeks. *Maryland trial court ruling on ammonia emissions and the Clean Water Act draws concern.  A recent case decided in Maryland has resulted in nationwide discussion over agriculture and the intersection of the Clean Air and Clean Water Act.  Essentially, the circuit court judge ruled that Maryland must regulate air pollution–ammonia, in particular–under the state’s implementation of the federal Clean Water Act.  This raises concern for livestock producers, who are exempt… Read More →

Case Addresses Mineral Reservation Language Dispute

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The Austin Court of Appeals recently addressed the issue of mineral reservation in a deed in Ross v. Flower, offering important reminders for Texas landowners and property purchasers. Background This case revolves around the interpretation of a paragraph in a deed for 20-acres of land in Fayette County. In 1999, the Rosses owned the surface and mineral interests for the 20-acre tract at issue.  In April 1999, the Rosses executed a General Warranty Deed conveying the property to Richard & Patricia Church.  Specifically, the Deed stated that the… Read More →

Have You Checked Your Beneficiary Designations & Account Details?

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Anyone who has attended farm or ranch educational programs around the country have likely heard talk of the importance of having an estate plan.  Certainly, every person should have a will, power of attorney, healthcare power of attorney, and advanced healthcare directive.  These are the basic building blocks of any estate plan.  [To read more about these documents, click here and see Chapter 14.]  Also critical to a successful estate plan is reviewing beneficiary designations and account signatory cards/creation documents to ensure these are up to date and… Read More →

March 12, 2021 Weekly Round Up

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Happy Friday!  We’re back with some more of the ag law stories in the news over the past couple of weeks. * Bill would modify Texas Farm Animal Liability Act to ensure applicability to working ranches.  You may remember last year that the Texas Supreme Court issued a ruling in Waak v. Zuniga holding that the Texas Farm Animal Liability Act does not apply if the injured party is a rancher or ranch hand. [Read prior post here.]  There are a couple of bills in the Texas Legislature seeking… Read More →

Hemp Education Video Series: Economic & Legal Considerations for Production in Texas

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We are thrilled to roll out a project we’ve been working on the for the last year.  Thanks to a grant from the Southern Extension Risk Management Education Center, I’ve worked with my colleagues in the Ag Economics Department at Texas A&M to pull together legal and economic resources related to hemp production.  You can find the website here. Specifically, this project is designed as a series of short video presentations (three hours in total) to address the major issues facing Texas hemp producers. When you visit our… Read More →

Newly Designed Ranchers Agriculture Leasing Handbook Available

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Thanks to the hard work from our Digital Education Team at Texas A&M, we are excited to show you our newly designed Ranchers Agriculture Leasing Handbook.  While the content is almost completely the same as the prior version, this new publication is significantly improved from a design standpoint. This handbook is written for landowners or tenants interested in learning more about lease agreements, including how to set a price, what terms should be considered, and more.  The handbook focuses on grazing, hunting, and livestock leases.  There is also… Read More →

February 26, 2021 Weekly Round Up

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Hello friends!  It’s been a wild couple of weeks here in Texas.  I appreciate all of you who reached out to check on my family and offer support during the crazy weather last week.  I am happy to report we all survived and were very happy to see the 60 degree temperatures this week!  Shelley Huguley compiled photos from producers around Texas showing the extent of the storm damage and it’s really heartbreaking to see the scope of damage to various agricultural producers.  To view her photos, click… Read More →

Court Addresses Property Line Dispute Involving Fence and 100-Year Old Agreement

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The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line.  At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land.  [Read opinion here.] Background This case involves a dispute over a fence in Reagan County depicted in the 1939 survey map below.  Hughes owns Section 7 and Section 8.  The Eggemeyers own Sections 3… Read More →

Texas Supreme Court Addresses Whether Emails Constitute a Contract

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In 2020, the Texas Supreme Court decided two cases related to an important question:  Can a series of emails constitute a legally binding, written contract as required by the Statute of Frauds?  Today, we will look at one of these cases, Copano Energy, LLC v. Bujnoch. Given the prevalence of email in today’s society, this case offers important lessons to keep in mind. Background Plaintiffs own land in Lavaca and Dewitt Counties.  In 2011, they granted 30′ easements to Copano for the construction, operation, and maintenance of a… Read More →