Ag Law in the Field

This episode dives into one of the most important steps in any land purchase: due diligence. Guest Audra Rod Smith joins the conversation to share practical tips and legal insights on what buyers (and sellers) need to know before closing a deal. 🎧 Tune in to learn how to approach land transactions with confidence and make sure you’ve done your homework before signing on the dotted line.   Contact Info for Audra Smith (Email)  (Website)    Links to Topics Mentioned on the Show Prior Podcasts Access Easements Podcast Property Taxes Podcast Blake's (Audra's restaurant recommendation)   Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, AgTexas, and Texas Farm Bureau  

It is time for our recap of the Texas Legislative Session when it comes to agriculture.  Our friend, J Pete Laney, is back with us once again.  J Pete and I talk through several key bills related to Texas agriculture this session.  It's always fun to chat with J Pete and get his on-the-ground knowledge about what's going on in Austin. Do note this episode was recorded on August 25, 2025.  With the ongoing special session, there may have been changes to bills considered in the special session since this time.  In particular, this is true for HB 27 related to groundwater in the Trinity Valley Groundwater Conservation District. Contact Info for J Pete Laney (website) http://www.jpetelaneylaw.com/ (phone) 512-473-0404 Links to Topics Mentioned on the Show Senate Bills  SB 7 - Relating to the oversight and financing of certain water infrastructure matters under the jurisdiction of the Texas Water Development Board. SB 17 - Relating to the purchase or acquisition of an interest in real property by certain aliens or foreign entities; creating a criminal offense; providing a civil penalty. SB 34 - Relating to funding for certain volunteer fire departments, to the preparation for and the prevention, management, and potential effects of wildfires, and to emergency communications in this state. SB 261 - Relating to a prohibition on the offering for sale and the sale of cell-cultured protein for human consumption; providing civil and criminal penalties. SB 503 - Relating to the establishment of an electronic registry of livestock marks and brands. SB 541 - Relating to cottage food production operations.  (Check out the Farm Ranch Freedom Alliance for more information on these changes!) SB 767 - Relating to creating a database of the firefighting equipment in the state available for use in responding to wildfires. SB 868 - Relating to the allocation of money appropriated to the rural volunteer fire department assistance program SB 886 - Relating to the production, sale, and use of certain agricultural products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS); creating a criminal offense SB 1035 - Relating to equitable relief from the enforcement of certain governmental requirements that affect agricultural operations.   House Bills HB 27 - Relating to a groundwater study of certain aquifers underlying the territory of the Trinity Valley Groundwater Conservation District by the Texas Water Developement Board before the issuance of permits or permit amendments by the district.  HB 43 - Relating to the Texas Agricultural Finance Authority and certain programs administered by the authority.  (Also see article written on this bill by Kody Bessent) HB 49 - Relating to the treatment and beneficial use of fluid oil and gas waste and related material, including a limitation on liability for that treatment or use. HB 99 - Relating to the repeal of or limitations on certain state and local taxes, including school district maintenance and operations ad valorem taxes, the enactment of state and local value added taxes, related school finance reform, and directing the comptroller to identify alternatives to local ad valorem taxes; imposing taxes. HB 143- Relating to the authority of the Railroad Commission of Texas and the Public Utility Commission of Texas to address a failure by an operator to maintain an electrical power line serving a well site or certain surface facilities in accordance with the National Electrical Code. HB 144 - Relating to plans for the management and inspection of distribution poles. HB 145 - Relating to risk mitigation planning and associated liability for providers of electric service; providing an administrative penalty. HB 1244 - Relating to the eligibility of land to continue to be appraised for ad valorem tax purposes as qualified open-space land following a transfer to a person who uses the land in materially the same way as the former owner and to late applications for such appraisal filed by the new owner of the land. HB 1399 - Relating to an exemption from ad valorem taxation of tangible personal property consisting of animal feed held by the owner of the property for sale at retail. HB 1592 - Relating to an alert system for dangerous plant and wildlife pests and diseases administered by the Texas A&M AgriLife Extension Service. HB 1633 - Relating to the criteria considered by groundwater conservation districts before granting or denying a permit or permit amendment. HB 1674 - Relating to the production, sale, and use of certain agricultural products containing perfluoroalkyl and polyfluoroalkyl substances (PFAS); creating a criminal offense. HB 2018 - Relating to the Texas Farm and Ranch Lands Conservation Program. HB 4163  - Realting to the applicability fo certain city requirements to agricultural operations (under Texas Right to Farm Act) HB 5560 - Relating to penalties in certain suits involving a groundwater conservation district; increasing a penalty. Bert's BBQ  Cooper's BBQ   Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, AgTexas, and Texas Farm Bureau

I’m excited to be joined by my friend Dr. Justin Benavidez, who serves as the Chief Economist for the House Committee on Agriculture. We’re going to dig into what’s being called “The Big Beautiful Bill” and talk through what it really means for agriculture and rural communities. Justin brings a front-row perspective from the policy and economic side in D.C., and I can’t wait for you to hear his insights.   Contact Info for Dr. Justin Benavidez (Email) Justin.Benavidez@mail.house.gov   Links to Topics Mentioned on the Show Big Beautiful Bill   Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas

One of our favorites is back, Jim Bradbury!  We're diving into some major updates straight from the Texas Supreme Court. Listen in as we break down two pivotal cases making waves in rural and regulatory circles—Myers-Woodward and Cactus Water Services. These decisions could have far-reaching implications for landowners, water rights, and regulatory authority in the Lone Star State. If you’re involved in agriculture, land use, or Texas water law—you won’t want to miss this one.  Contact Info for Jim Bradbury (Email) jim@bradburycounsel.com  (Website) http://bradburycounsel.com/ (Twitter) @jimbluewind   Links to Topics Mentioned on the Show American Agricultural Law Association Blog Post - Myers-Woodward, LLC v. Underground Services Markham, LLC Myers-Woodward, LLC v. Underground Services Markham, LLC Blog Post - Cactus Water Services, LLC v. COG Operating, LLC.  Cactus Water Services, LLC v. COG Operating, LLC.  Angelo's BBQ - Fort Worth    Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas  

In this episode, we're diving into a critical legal issue that affects landowners across the country — the Open Fields Doctrine. Our guests, Robert Frommer and Joshua Windham of the Institute for Justice, break down how this century-old legal doctrine allows government officials to enter private rural land without a warrant. If you own land, work in agriculture, or care about constitutional rights, this is a conversation you won’t want to miss.   Contact info for Robert Frommer Website Contact info for Joshua Windham Website Links to Topics Mentioned on the Show Devillier v. Texas - Blog George Mason Law Review Forum The Open Fields Doctrine: America's "Uncommon" Mistake Indochen Pepe's Pizzeria Napoletana   Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas  

In this episode, we're joined by Cahil Murchison for an insightful discussion on the legal landscape surrounding vineyards and wineries. Whether you're a seasoned vintner or just exploring the idea of starting a vineyard, this episode offers practical guidance and legal insight to help navigate the complexities of the industry.   Contact info for Cahil Murchison (Phone) - 512.894.5426 Website   Links to Topics Mentioned on the Show Farm House Vineyards:  Texas Agriculture Legislation Newsletter:   Podcast with Cassie Gresham on easements/landlocked property TABC Winery Permit Information:   Book - From Demon to Darling   Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas  

Today, we are diving into an incredibly important topic that’s making headlines across the country—PFAS contamination and its impact on agriculture. Joining me for Episode #202 is Jason Hill, an attorney with extensive experience navigating environmental regulations and agricultural law. We’ll explore what PFAS are, how they’re affecting farmers and ranchers, and the legal and regulatory issues of which ag producers and rural landowners should be aware. Whether you’re a landowner, ag attorney, or just curious about environmental issues in rural America, this episode is packed with insight you don’t want to miss.   Contact info for Jason Hill (Phone) 512-806-1060 (Website) https://jthill.com/   Links to Topics Mentioned on the Show Jason Hill Previous Episodes Mary-Thomas Hart (PFAS and Agriculture) Blog Posts on PFAS Cases in Johnson County Matt's El Rancho Spanky's     Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas    

Join us for Episode #201 of the Ag Law in the Field Podcast as we delve into the exciting world of Agrivoltaics with special guest Hannes Zetzsche! Discover how solar energy and agriculture can not only coexist but thrive together, offering innovative solutions for sustainable land use and power generation. Don't miss this insightful conversation!   Contact Info for Hannes Zetzsche Website Email: lhzetzsche@bairdholm.com   Links to Topics Mentioned on the Show Progressive Cattlemen Article Dish Downtown   Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas  

Today marks a very special milestone for us here at the podcast. We are incredibly excited and honored to bring you our 200th episode! To celebrate this momentous occasion, we have a truly unique and heartwarming conversation for you. Today, we're stepping away from our usual legal deep dives to bring you an interview with one of my favorite people, Lois Dowell, my Gran. This is an audio recording from a highschool project in 2002 and our family is so grateful that we were able to capture these memories. So grab a cup of coffee, settle in, and join us for Episode #200 of Ag Law in the Field, featuring the wonderful Lois Dowell. You won't want to miss it! Links to Topics Mentioned on the Show Episode #100 with Tiffany’s Dad Gran’s favorite candy recipe  https://www.dtnpf.com/agriculture/web/ag/news/article/2023/11/01/taste-family-tradition A couple of Gran stories https://www.dtnpf.com/agriculture/web/ag/news/article/2019/06/01/one-dandy-scheme   https://alwaysafarmkid.wordpress.com/2024/05/08/gran-and-her-reward/     Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas  

In this episode we are welcoming back Leah Davis to talk about an important estate planning issue.  Before you leave land as an undivided interest, or inherit land titled this way, it is critical that you understand the concept of partition and how it can affect you and your land.    Contact Info for Leah Davis Website Email: ldavis@bmwb-law.com   Links to Topics Mentioned on the Show Prior Podcasts by Leah Prior Podcast by Shannon Ferrell   Podcast Sponsors Capital Farm Credit,  AgTrust Farm Credit, Texas Corn Producers, Braun & Gresham, Plains Land Bank, Plateau Land & Wildlife Management, and AgTexas