2022 Ag Law Year in Review – National

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I always enjoy the chance to look back over the year and recap the biggest agricultural law developments.  There was certainly no shortage agricultural law happenings in 2022.  Today, we’ll look at the national agricultural law scene, and next Monday, we will focus specifically on Texas.  If you want to hear more about some of the biggest national ag law stories of the year, click here for a podcast episode I did with my friend, Paul Goeringer.  With that, let’s get started! Carbon Contracts The topic about which… Read More →

Updates from Iowa: Right to Farm Statute Upheld; “Ag Gag” Statute Unconstitutional

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Earlier this year, the Iowa Supreme Court issued two agricultural law opinions that are critical to the state’s animal agriculture industry.  The discussion below is merely a summary of each case–for more information and detail, be sure to read the full opinions. Right to Farm Statute Upheld In August, the Iowa Supreme Court  issued an amended 4-3 opinion upholding the state’s Right to Farm law in Garrison v. New Fashion Pork LLP.  [Read opinion here.]  Specifically at issue was the Iowa Constitution’s inalienable rights clause and its application to… Read More →

December 2, 2022 Weekly Round Up

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Happy December! We are back with a number of updates for you with regard to agricultural law news around the country. *Lesser prairie chicken listed under Endangered Species Act.  On November 17, the US Fish and Wildlife Service issued a press release that it will be listing the lesser prairie chicken as threatened in the northern distinct population segment (including areas in southeastern Colorado, southcentral and western Kansas, western Oklahoma, and the northeastern Texas Panhandle.) and endangered in the southern distinct population segment (including areas in eastern New… Read More →

Texas Court of Appeals Grants Motion to Change Venue in Grape Growers Dicamba Lawsuit

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A Beaumont Court of Appeals decision in Timmons v. Monsanto will result in a lawsuit filed by Texas grape growers against Bayer, BASF, and Monsanto for alleged damage from dicamba drift being moved from Jefferson County to counties where the plaintiffs’ vineyards are located.  Factual Background In June of 2021, fifty-seven Texas grape growers and four grape processors filed suit against Bayer Crop Science, Monsanto, and BASF in state court in Jefferson County, Texas. [Read Complaint here.]  The lawsuit was related to alleged drift damage caused by the dicamba… Read More →

IRS Announces 2023 Estate & Gift Tax Exemption Amounts

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Recently, the IRS announced the 2023 estate and gift tax exemption amounts.  These amounts change slightly each year, and are an important consideration in a person’s estate planning process. As we have previously discussed the IRS sets a certain amount that a person is allowed to give during their lifetime or at death without estate or gift tax liability.  [Read prior blog posts here and here.]  The IRS adjusts the amount each year.  For 2023, the exemption amount will be $12.92 million per person, up from $12.06 million… Read More →

Ag Law in the Field Podcast: Episodes 111- 140

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Well, as you might have seen from the title here, I got a bit behind on my usual podcast recap that I do every 10 episodes.  In light of that, we’ve got some reviewing to do today! If you aren’t familiar with Ag Law in the Field or with podcasts in general, don’t panic.  This is simply another resource that I have available for you to learn more about Texas agricultural law.  Each episode is audio-only, and I interview an ag lawyer about a specific topic.  The best… Read More →

November 11, 2022 Weekly Round Up

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Happy Veteran’s Day, and thank you to all who have served. We’re back again with a number of developments in the agricultural law world over the past few weeks. *PRF Deadline December 1.  Don’t forget that the deadline to sign up for Pasture, Range & Forage insurance (commonly referred to as “rainfall insurance”) is coming up on December 1.  To read more about this insurance option, click here.  For a detailed discussion of PRF and the decisions a landowner must make during sign up, click here for a… Read More →

Pasture, Range, and Forage (“Rainfall”) Insurance Deadline December 1

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The Pasture, Range, and Forage Insurance (PRF) deadline to sign up for coverage for 2023 is on December 1.  Often referred to as “rainfall insurance,” this product can be a useful risk management tool for landowners and livestock producers.  The product provides insurance coverage for grazing pastures, rangeland, and perennial forage acres. Essentially, PRF allows a landowner to insure a certain percentage of historic rainfall in the area where they own property.  If the actual rainfall in the area falls below the insured percentage, the landowner receives an… Read More →

What Happens When You Are Late Probating a Will?

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When a widow was told by an attorney she did not need to probate her husband’s will, but learned 11 years later she should have done so, what happens?  This was the issue facing the Austin Court of Appeals in Castillo v. Castillo-Wall.  [Read Opinion here.] Applicable Law Section 256.003(a) of the Texas Estates Code provides:  “A will may not be admitted to probate after the fourth anniversary of the testator’s death unless it is show by proof that the applicant for the probate of the will was not… Read More →

Webinar – Fence Laws: Corralling Legal Issues & Livestock

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Fence law is one of the topics about which I get the most questions.  It is also the topic about which I think there may be the most misinformation.  In light of that, I teamed up with Rusty Rumley from the National Agricultural Law Center to host a webinar about fence law.  You can view the recording here. For those of you in Texas, we’ve got a couple of additional resources. First, we have a short handbook written for Texas landowners and livestock owners outlining the key fence… Read More →