TX Attorney General Opinion: Estray Laws Apply in All Counties

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Texas Attorney General, Ken Paxton, issued an opinion in December on an interesting issue related to fence law.  Do the statutory estray laws apply in both open and closed range counties?  According to the Attorney General, he believes that Texas courts would rule that estray laws apply in all counties, whether open or closed range.  [Read full Opinion here.] Legal Background There are several legal issues important to understanding the AG’s Opinion. Open versus closed range: There are generally two approaches to Texas fence law: open range and… Read More →

Landowner Liability Protection Resources

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One of my favorite topics is landowner liability protections.  This is an area of the law where landowners can take affordable steps before any incident occurs to protect themselves, their operations, and their livelihood. Here are some of my favorite resources related to landowner liability protection. I put together a Fact Sheet on “How Landowners Can Protect Themselves from Liability.”  Click here to download. I recorded an episode of Ag Law Today with Cari Rincker on this very topic.  Click here to view. I’ve done blog posts on… Read More →

February 14, 2020 Weekly Round Up

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Happy Valentine’s Day!  Here are some of the ag law stories in the news this week. *USDA unveils two new risk management options for hemp producers.  For producers considering hemp production, there are now three potential risk management tools available.  Nationwide, producers will be able to enroll in the Whole Farm Revenue Protection program or the Noninsured Crop Disaster Assistance Program (NAP) program. In 21 states, producers may take part in a multi-peril crop insurance pilot program.  Texas is not one of the states where this is available…. Read More →

TX Supreme Court Sides with Bull Owner in Fence Law Case

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The Texas Supreme Court has issued an important opinion in a much-watched fence law case from Wilson County involving a collision between a vehicle and a bull.  The Pruski v. Garcia opinion is favorable for livestock owners in much of the state. [Read full opinion here.] Background Plaintiff, Mr. Garcia, was injured when his vehicle struck a bull on State Highway 123 in Wilson County.  Ms. Pruski (Defendant) owned property abutting the road that was enclosed by a six-strand barbed wire fence.  Pruski also owned the bull that escaped,… Read More →

Owning Your Piece of Texas 2020 Dates & Locations

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Last year, we rolled out our newest program, Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know to record-breaking crowds across the state.  The program focuses on providing practical, understandable education to Texas landowners and agricultural producers on the key laws they need to know.  Programs will cover topics like fence law, water law, landowner liability, eminent domain, and more.  These programs are designed to benefit both new and experienced landowners, and those on the farm as well as absentee landowners. We are excited to… Read More →

Do You Have a Flight Plan?

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What on earth is a flight plan and why do people need one?  The name is derived from the song “I’ll fly away.”  You know the one… “I’ll fly away, oh, glory, I’ll fly away. When I die, hallelujah, by and by, I’ll fly away.” A flight plan is simply a folder that contains important documents, key information that heirs may need to access upon someone’s death, hospitalization, or other incapacitation.  Taking the time to gather up important documents and critical information is one of the best gifts… Read More →

Summary of Proposed Texas Hemp Regulations

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UPDATE:  On February 27, 2020, the USDA announced that it will temporarily delay enforcement of two provisions of the Interim Final Rule on hemp production. until October 31, 2021 or the publication of the Final Rule, whichever is earlier.  First, the DEA will delay enforcing the requirement that THC testing must be conducted at DEA registered laboratories.  Instead, testing may be conducted by labs that are not yet DEA registered.  Second, USDA will delay enforcement of the requirement that producers use a DEA-registered reverse distrubutor or law enforcement to… Read More →

January 24, 2020 Weekly Round Up

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It’s been a busy couple of weeks in agricultural law.  It has also been busy for my speaking schedule!  Welcome to those of you joining from my programs in Palestine, Carthage, Amarillo, Lubbock, and Floydata. Here are some of the ag law stories in the news. *TDA published proposed Texas hemp regulation.  The Texas Department of Agriculture has published its proposed Texas hemp regulation.  [View proposed regulation here.]  Importantly, this is not a final regulation as it has not yet been adopted by TDA.  On January 22, a… Read More →

Will Texas Courts Enforce Liability Waivers Signed on Behalf of Minor Children?

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For landowners who allow minor children to come onto their property and partake in activities like hunting, swimming, fishing, or riding ATVs, there is an interesting question that remains unanswered by the Texas Supreme Court: Are liability waivers signed by a parent on behalf of a minor child enforceable in Texas? The Texas Supreme Court has never directly addressed this issue.  There are however, a handful of lower court cases indicating these waivers may not be enforceable. Background Landowners who allow minor children to come onto their property… Read More →

Will Dispute Arises Over Definition of “Personal Effects”

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A recent case involving a will devising “personal effects” to a family member is a good reminder of the need to be detailed and complete when drafting a will, and the importance of residuary clauses. Background In 1990, Mildred Ethridge drafted a will that included the following provisions: I, MILDRED L. ETHRIDGE, (femme sole) of Midland County, Texas, for the purpose of the distribution of my entire estate, real, personal and mixed, which I wish to have take effect at my death, do make, publish and declare this… Read More →