Texas Agriculture Law
I am always amazed when I sit down and look at all of the agricultural law news over the last year. 2023 was no exception, and there was no shortage of news in the ag law realm. If you prefer to listen rather than read, or want to do both, check out this podcast episode I did with Paul Goeringer recapping the year. Here is my list of the key ag law issues for 2023 across the country. WOTUS Definition Yet again, there was significant movement on the… Read More →
We’ve made it to December! While many people are slowing down as we head into the holidays, agricultural law is not! Here are a few stories recently in the news. *US Supreme Court will hear Texas property owners’ takings claims against DOT. The US Supreme Court has granted the Petition for Certiorari in Devillier v. State of Texas, a case involving a lawsuit by property owners to cover flood damages they claim were caused by a DOT highway project. [Read Petition here.] *Second marriages and farm transition planning publication… Read More →
The First Court of Appeals in Houston recently issued an interesting opinion in Arraby Properties, LLC, v. Brown, a case where a driver collided with a cow on a state highway. [Read Opinion here.] The case highlights several important points related to fence law and also includes a dissenting opinion that is likely concerning to both landowners and livestock owners alike. Background Paul Brown was driving home from work when he hit a cow on State Highway 225 in Harris County, Texas. He was diagnosed with mild cognitive… Read More →
The United States Court of Appeals for the Fifth Circuit recently issued an opinion in National Press Photographers Association v. McCraw, a lawsuit challenging the constitutionality of Texas’ drone privacy law. [Read Opinion here.] Statutory Background In 2013, the Texas Legislature passed the Texas Privacy Act, Chapter 423 of the Texas Government Code (“Chapter 423”). The purpose of this statute was to regulate the use of drones in Texas airspace. [To read full summary of the law, click here.] Essentially, Chapter 423 can be divided into two sections: the Surveillance… Read More →
How better to celebrate the week of Thanksgiving than by taking a look at a lawsuit involving tofurkey? In October, Turtle Island Foods (“The Tofurkey Company”) and the Plant Based Foods Association filed and Amended Complaint in a lawsuit against the State of Texas claiming that the newly enacted Texas meat labeling law is unconstitutional. Turtle Island Foods SPC v. Abbott was filed in the United States District Court for the Western District of Texas. [Read Amended Complaint here.] Do note that this blog post outlines the claims… Read More →
There have been a number of developments in key agricultural law issues around the country over the past couple of weeks. From the Farm Bill to Right to Farm, WOTUS to water law, we’ll get you up to speed! *Texas voters pass Constitutional right to farm, other Constitutional amendments. On November 7, Texas voters overwhelmingly passed Proposition 1, which means that Texans now have a right to farming, ranching, timber production, horticulture, and wildlife management in the State Constitution. [Read more about Prop 1 language here and read… Read More →
We’ve been working our tails off behind the scenes to get all our handbooks updated to reflect legal changes over the past year. We’re excited to announce we have those handbooks all up to date and ready for you! Remember, you can download a free PDF of these handbooks, or we sell hard copies. Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know It’s our award-winning book with a beautiful new cover! This handbook is designed to offer a basic overview of several of the… Read More →
My student assistant, Karli Kaase, and I have recently published three fact sheets featuring information on which we frequently get questions from landowners. All are available to download for free. Easements 101 What is an easement? What different types of easements exist? What does the law require to recognize various types of easements? We cover all of these questions and more in our “Easements 101” fact sheet. Click here to download. Getting End-of-Life Documents in Order Although no one enjoys thinking about death, there are some basic end-of-life… Read More →
Time continues to fly as we have reached the last 60 days of the year! There has been no shortage of agricultural law news around the country the past couple of weeks. *Texas Drone Law Upheld by U.S. Court of Appeals for the Fifth Circuit. The United States Court of Appeals for the Fifth Circuit has reversed a lower court decision striking down the Texas Privacy Act, a law related to privacy and drone usage. You may recall from this blog post, a federal district court sided with journalists… Read More →
I was recently honored to be a guest on the Capital Farm Credit Capital Roots podcast with Joe Patranella and Clint Cryer. We chatted a bit about my story and how I got involved in agricultural law, my kids’ Miniature Hereford showing experience, and my thoughts on farm and ranch estate planning. Click here to listen.
