Texas Agriculture Law
For the second year in a row, we’re thrilled that the Texas Agriculture Law Blog has been nominated as one of the Best Legal Blogs by the Expert Institute! It’s always an honor to be recognized for the time and effort put into the blog, especially when readers were the ones who nominated us. If you don’t mind, please take a moment and vote for us in the Education and Law School category. You can do that by clicking here. Thanks again for your support!
Earlier this year, my friend and Texas A&M University alum, Cari Rincker, invited me to join her on her new show, Ag Law Today. Cari and I had a video interview about one of my favorite topics, grazing leases. From why leases should be put in writing to what key terms landowners to consider, I enjoyed the chance to chat with Cari about these important considerations for landowners and livestock producers. To listen to the episode, click here.
Last week, I traveled to Portland, Oregon for the 39th Annual American Agricultural Law Association Conference. It was my first time in Oregon, and Portland was an absolutely beautiful city. Being from the Panhandle, I was really taken with all of the beautiful trees and enjoyed several morning runs along the Columbia River. This conference brings together over 300 agricultural lawyers from all over the United States. A good number of us traveled from Texas, including our 2019 AALA President, Amber Miller, from Lubbock. I’m proud to serve… Read More →
Last week, I traveled to beautiful Portland, Oregon for the 39th Annual American Agricultural Law Association Conference. On Monday, I’ll be sharing some highlights and emerging legal issues we discussed at that event. One quick note before we get into the Round Up. The blog I posted on Monday discussing legal issues surrounding the death of a ranch hand went viral on social media. Thanks to those of you who shared and retweeted! This is clearly an issue you all are interested in, and rightly so. If you… Read More →
A recent opinion in Zuniga v. Waak from the Houston (1st Dist.) Court of Appeals raises important issues regarding Texas law related to agricultural operations. First, the case addresses the scope of the Texas Farm Animal Liability Act when an employee is injured. Second, the case illustrates important considerations with regard to workers compensation insurance coverage. [Read Opinion here.] Background Defendants own a ranch in Fayette County where they run purebred Charolais and Bradford cattle. The plaintiff began working for the ranch in 2005, eventually moving onto the ranch and… Read More →
Assume that a landowner has pasture that abuts a highway. The landowner has a solid barbed-wire fence to keep his livestock on his property. One night, a car accident occurs and a motorist crashes through and causes significant damage to the landowner’s fence. With costs to repair barbed wire fences in the Panhandle averaging $10,000/mile, a vehicle damaging a landowner’s fence can be a serious economic hardship on the landowner. Can the landowner take action to recover the cost of repair from the motorist? Yes, based upon a… Read More →
Question: Where can I get those Agritourism Act signs? Answer: Since the Texas Agritourism Act was passed by the Legislature back in 2015, I’ve been traveling the state talking to landowners about the limited liability protections this statute offers to them. [Click here for more background on this statute.] One way to receive this limited liability is for a landowner to hang up a specific Texas Agritourism Act sign on his or her property. The sign must be hung at a place clearly visible at or near where the… Read More →
Welcome to this week’s round up post. I hope everyone has a wonderful weekend! Here are some of the agricultural law stories in the news this week. *Environmental groups file suit against EPA regarding air emissions reporting for agriculture. This is a continuation of an issue we’ve been watching for several years. You may recall that back in April of 2017, a federal court ruled that animal agricultural operations were required to report air emissions to federal authorities under the federal CERCLA and EPCRA statutes. Then, in April of this… Read More →
Hey Chip and Joanna Gaines, we’re headed to your neck of the woods! We are excited about our final Ranchers Leasing Workshop event of 2018 that will take place in Waco on November 8, 2018. These workshops have been wildly popular over the last two years around Texas. Every single one of the over 700 attendees said they would recommend this program to a friend. Plus…it’s free and lunch is provided by our friends at Ag Worker’s Insurance. Call or email me to RSVP today.
This week, we are continuing this blog series with the second recent fence law case released by a Texas court. If you missed Part I discussing Dearbonne v. Courville, click here. Today, we will focus on an opinion from the San Antonio Court of Appeals in Garcia v. Pruski, a case involving a motorist colliding with a bull on the highway. [Read full Opinion here.] Background Plaintiff, Mr. Garcia, was injured when his vehicle struck a bull on State Highway 123 in Wilson County. Mr. Pruski (“Defendant”) owned property abutting the… Read More →
