June 7, 2024 Weekly Round Up

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Summer is here and there are plenty of agricultural law updates to discuss. *Lawsuit filed challenging law creating business courts.  On May 23, Dallas County filed suit challenging the constitutionality of the business court system created by the Texas Legislature last session.  The new courts have jurisdiction in high-dollar business cases, with the judges appointed by the governor and a 15th Court of Appeals to hear all appeals.  The lawsuit challenges the constitutionality of the business court set up in creating a state-wide district for the new Court… Read More →

Court Analyzes Liability of Landowner When Tree Falls Across Roadway

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A recent Texarkana Court of Appeals decision in Bell v. Cain looks at liability of a landowner when a tree falls onto an adjacent roadway and injures a driver.  This case offers important considerations for all rural landowners to keep in mind. Background Mrs. Toole owned a 148-acre tract of land in rural Harrison County.  In 2017, she appointed her daughter, Katherine Toole Belle, as her attorney-in-fact to manage her affairs.  Mrs. Toole died in 2018 naming Katherine as her executor and leaving the property to Katherine. In April 2019,… Read More →

May 24, 2024 Weekly Round Up

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We have made it to another Friday and the start of summer for many!  There are a number of important agricultural law stories in the news. * House Committee on Agriculture releases Farm Bill Draft.  The House Committee on Agriculture, led by Chairman GT Thompson released its draft of the Farm, Food, and National Security Act of 2024 last week.  Last night, the bill passed out of committee on a bipartisan vote 33-21.  To read the text of the bill, click here.  To read a summary of the House… Read More →

Overview of New State Laws: The 2023 Texas Legislative Session for Agriculture

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From property taxes to landowner liability, cell-cultured meat labeling to Right to Farm, the 2023 Texas Legislative Session included a number of new laws important for rural Texas landowners and agricultural producers. I recently wrote a paper explaining each of these laws for the State Bar of Texas John Huffaker Agricultural Law Continuing Legal Education course.  To read the paper, click here. Key bills of which Texas landowners and agricultural producers should be aware include: Texas Right to Farm statute amendments (HB 1750, HB 2308, HB 2947) –… Read More →

Recent Recorded Programs & Interviews

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Over the past few months, I have done a number of recorded presentations and interviews.  We have collected those in one place for you to watch and/or listen below. Farm & Ranch Estate Planning Presentation – Tarrant County Women in Agriculture A couple of months ago, I had the opportunity to talk farm and ranch estate planning basics with at a program for women hosted by Tarrant County AgriLife Extension.  To watch, click here. If you are interested in a more in-depth discussion of these same topics, check… Read More →

May 10, 2024 Weekly Round Up

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Happy May!  We are back with a number of ag law stories in the news over the past couple of weeks. *Notices of Appraised value being sent to Texas landowners.  County Appraisal Districts around the state are sending out Notices of Appraised Value to landowners.  Be sure that you carefully review your Notice and timely file any protest you may have.  It is critical the property owners understand that while their property tax bill will not arrive until October, any protest regarding the taxable value of property must… Read More →

2023 Rural Land Value Trends Report Is Here!

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Each year, the Texas Chapter of the American Society of Farm Managers and Rural Appraisers publishes a Rural Land Value Trends report.  This is one of the best documents available for those interested in the sales value and lease value of rural lands in Texas.  It is also the only publication of which I am aware that provides information on the value of hunting leases. The 2023 report was just released in April 2024.  Click here to download. This report breaks Texas into seven regions and then each… Read More →

Texas Farmers Sue USDA for Alleged Discrimination

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**UPDATE**  In June 2024, a federal judge issued an injunction in this case prohibiting USDA from making ERP 2022 payments utilizing the “socially disadvantaged” category to increase payments to qualifying producers.  Read more here. A group of Texas farmers recently filed suit against the United States Department of Agriculture claiming that the USDA improperly discriminated against them in administering various disaster and pandemic relief programs. Plaintiffs in Strickland v. USDA challenge the USDA’s disparate treatment for certain producers based upon race and sex. The Plaintiffs assert that the USDA violated… Read More →

April 26, 2024 Weekly Round Up

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We’re back with another Friday Weekly Round Up.  Let’s get caught up on some of the biggest stories in the news. *Texas farmers sue USDA for alleged discrimination.  Several Texas farmers have filed suit against the USDA claiming discrimination for how payments were calculated for certain programs. I wrote an article about the lawsuit for Southern Ag Today here.  On Monday, I will have a more detailed summary posted on the Texas Agriculture Law Blog as well. * USDA updates HPAI outbreak in dairy cattle status.  The USDA… Read More →

US Supreme Court Allows Texas Landowners Takings Claims to go Forward on Amended Complaint

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The United States Supreme Court issued a unanimous decision in Devillier v. Texas, allowing Texas landowners’ takings claims to proceed against the State of Texas under an amended complaint.  [Read Opinion here.] Background A group of Texas farmers, ranchers, and rural landowners filed an inverse condemnation action against the State of Texas claiming that the Texas Department of Transportation’s (DOT) widening of I-10 intentionally caused widespread flooding on their property resulting in a taking for which they were due just compensation. The Plaintiffs are more than 120 landowners who… Read More →