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 →

FTC Bans Most Non-Compete Agreements

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**NOTE:  A federal court in Texas set aside this rule in August 2024 on a nationwide basis.  Read more here. On April 23, 2024 the Federal Trade Commission (FTC) announced its Final Non-Compete Clause Rule banning most non-compete clauses in the United States. The Rule is set to go into effect on September 4, 2024. What are Non-Compete Clauses? The Rule defines a non-compete clause as a term or condition of employment that prohibits a worker from, penalized a worker for, or functions to prevent a worker from:… Read More →

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 →