Case Illustrates Difficulty of Proving Easement by Necessity

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The Austin Court of Appeals recently issued a decision in #1STR, LLC v. White, a case that illustrates the difficulty landowners face in proving the existence of an easement by necessity.  [Read Opinion here.] Background The White’s owned land in Bastrop County, which they partitioned into 10 tracts, one for each of their 10 children, in 1948.  Once partitioned, the ten tracts were laid out as shown below: Harry White owns Tract No. 7, shaded in the photo above. In 2021, CTX4R bought Tract No. 4 and subdivided it… Read More →

Texas Supreme Court Rules Surface Owner Owns Pore Space Beneath Land Absent Agreement Otherwise

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The Texas Supreme Court issued an important opinion last week in Myers-Woodward, LLC v. Underground Services Markham, LLC.  [Read Opinion here.] This case answers the pressing legal issue of who owns the pore space beneath land in Texas.  Given advances in technology that now enable oil and gas to be stored in such pore space, the answer to this question has real world implications and economic consequences. Background Myers-Woodward, LLC (“Myers”) owns 160 acres in Matagorda County. 1947 Mineral Deed In 1947, prior to Myers owning the property, the… Read More →

May 16, 2025 Weekly Round Up

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It has been a wild few weeks for agricultural law news!  Let’s get caught up on some of the biggest stories. * Live animal imports suspended along Southern border.  On May 11, 2025, United States Secretary of Agriculture, Brooke Rollins, suspended live animal imports of cattle, horses, and bison through US ports of entry along the southern border due to concerns about the spread of New World Screwworm (NWS) in Mexico.  At that time, the NWS had been detected 700 miles from the U.S./Mexico border. [Read press release… Read More →

Federal Court Upholds Constitutionality of Iowa Law Aimed to Prevent Recording While Trespassing

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A federal court in Iowa recently upheld the constitutionality of a statute imposing criminal penalties for defendants who use recording devices while criminally trespassing in People for the Ethical Treatment of Animals v. Reynolds.  [Read Opinion here.]  The statute, while not expressly focused solely on agricultural operations, is an important protection for ag operations in Iowa concerned about activist groups trespassing and conducting secret videotaping or recording.  After a number of attempts to pass “ag gag” laws constitutionally protecting agricultural operations from this type of activity failed in… Read More →

What Is ESG and Why Do Companies Care?

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If you follow business news, you have heard the acronym “ESG” being used more and more frequently.  It stands for “environmental, social, and governance,” three key factors companies use to assess their sustainability and the ethical impact of their operation.  But what exactly do the E, S, and G stand for?  And why do companies care? I recently co-authored a fact sheet  answering these very questions and more.  Click here to review our fact sheet.

2024 Texas Rural Land Value Trends Report

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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 2024 report was just released last week.  Click here to download. This report breaks Texas into seven regions and then each… Read More →

April 18, 2025 Weekly Round Up

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Our team has been at a full sprint pace here the last couple of weeks with programs and projects.  We love getting to create content and provide information for you! Let’s get caught up on some of the biggest ag law stories in the news recently. *White House budget plan would slash funding for USDA.  This week, a number out outlets reported that a proposed White House budget could result in massive cuts to the USDA, in particular, to the funding for local FSA and NRCS offices.  [Read… Read More →

Texas Property Tax Deadlines Coming Up!

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If you own land in Texas, there are several important property tax deadlines coming your way! APRIL 30 The deadline for applying for special use valuation such as ag use valuation, open space valuation, and wildlife management valuation is April 30.  This applies to landowners filing a special use valuation application for the first time.  It also applies for landowners currently receiving agricultural use who want to change their qualifying use to wildlife management valuation.  Additionally, remember, if you purchased or inherited land in the last year, the… Read More →

April 4, 2025 Weekly Round Up

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We are back with another list of ag law stories in the news! *The great pig war of Matagorda County.  Texas Monthly recently published an article on a dispute involving a pig farm and neighboring landowners in Matagorda County.  This dispute centers around the application of the Texas Right to Farm statute.  [Read article here.] *FIinCEN publishes new interim final rule; only foreign entities required to file.  Our rollercoaster ride seems to have come to completion with regard to beneficial ownership reporting under the Corporate Transparency Act.  Last week,… Read More →

Court Rules in Corner-Crossing Trespassing Case

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The United States Court of Appeals for the Tenth Circuit issued an important ruling in Iron Bar Holdings, LLC v. Cape, a case regarding “corner-crossing” on checkerboarded land in the West.  This important decision impacts landowners and the public alike. Background Across the western United States, there are millions of acres platted into squares that alternate in ownership with one square being private and the next public that resembles a checkerboard.  For 150 years, a conflict has been brewing over property law and access to public lands in… Read More →