Ag Law in the Field

It's been a wild couple of months for eminent domain law here in Texas with two important opinions coming out of the Texas Supreme Court.  Our friend and eminent domain lawyer, Luke Ellis, is here to give us the rundown on both of these cases, Hlavinka v. HSC Pipeline and Miles v. Texas Central Railroad. In Part 1 of our discussion, we'll dive deep into the details and impact of the Court's decision in Hlavinka v. HSC Pipeline.  Contact info for Luke Ellis (Email)  lellis@mehlaw.com (Website)  https://mehlaw.com/attorneys/luke-ellis/ Links to Other Topics Mentioned on the Show  Prior podcast with Luke Ellis on Texas eminent domain law  Hlavinka v. HSC Pipeline blog post (includes link to opinion)  Miles v. Texas Central Railway blog post (includes links to opinions)   Denbury Green Pipeline-Texas v. Texas Rice Land Partners blog post (includes link to opinion)    

What types of situations cause damage to rural land?  What should a landowner do in the event they see damage from spray drift or oil and gas operations?  These are the questions I chatted about with  Lubbock-based attorneys Amber Miller and Eliott Nixon. Contact Info for Eliott Website Email: enixon@cdmlaw.com Contact Info for Amber Website Email: Amiller@cdmlaw.com Twitter: @BradyAmber Links to Topics Mentioned on the Show Crenshaw, Dupree and Milam website Links to Amber's prior podcast appearances Prior blog posts on pesticide drift liability Prior podcast episode on rights of surface owners dealing with oil and gas production  Prior podcast episode on surface use agreements  Fact sheet: Potential Spray Drift Damage: What Steps to Take Blog post on case involving cattle and oil well Prior podcast episode on insurance   

One of the biggest employment law issues that can pop up for ag producers and ag businsses is distinguishing between an employee and an independent contractor.  Today, I'm joined by David Barron to walk us through why this distinction matters and how to correctly categorize workers. Contact Info for David Barron  (Website) https://www.cozen.com/people/bios/barron-david (Phone) 713-750-3132 (Email) dbarron@cozen.com    Other Topics Mentioned on the Show Prior podcast on vaccine mandates Prior podcast on employment law  

Special use property tax valuation options are an important consideration for all Texas landowners.  Today, Tim Milligan from Plateau Land & Wildlife joins me to chat about wildlife management valuation.  How does it work? What is required?  How does someone get started?  Tim has all the answers! Contact info for Tim Email: tmilligan@plateauwildlife.com Phone: 512-894-3479 Links to topics mentioned on the show - Plateau Land & Wildlife website - Plateau webinars  - Prior property tax episode with Cassie Gresham - Texas Parks and Wildlife website   

Much of the western half of the United States, including Texas, is facing serious drought conditions.  Today, I'm joined by Dr. Justin Benavidez, Texas A&M AgriLife Extension Economist to discuss some of the programs available to help producers manage risk during a drought.  In particular, we're focusing on LFP, PRF, ELAP, NAP, and LIP. Dr. Benavidez' Contact Information Contact info for Dr. Justin Benavidez (Email) justin.benavidez@ag.tamu.edu (Blog) https://agrilife.org/amarilloagecon/  (Twitter) @amarilloagecon Links to Topics Mentioned on the Show Prior podcast with Dr. Benavidez on Beef Industry Hot Topics  Drought Monitor Livestock Forage Protection Program Fact Sheet LFP Program Eligibility Maps Prior podcast on PRF insurance USDA PRF Decision Tool  USDA PRF Frequently Asked Questions ELAP Program Information ELAP Fact Sheet NAP Disaster Program Fact Sheet  LIP Fact Sheet Justin's Blog    

As has become a tradition, we are recognizing Mental Health Awareness month with an important conversation about mental health and agriculture.  My friend, Shannon Ferrell, joins me to offer some great information, practical tips, and encouragement for anyone struggling. Contact Info for Shannon Ferrell (Email)  shannon.l.ferrell@okstate.edu (Twitter)  @shanferrell Website   Links to Topics Mentioned on the Show Prior podcast episodes with Shannon Ferrell Wind Leases Farm & Ranch Transition Planning Transition Planning & Lessons from the S Lazy H  Prior mental health podcast episodes Ted Matthews (Farm & Ranch Families + Mental Health) Adrienne DeSutter (Agriculture + Mental Health Awareness Month) Lesley Kelly (Agriculture & Mental Health)  State Bar of Texas John Huffaker Ag Law Course  Dr. Matt Brosi at Oklahoma State University Mental Health First Aid  QPR Institute  Oklahoma State University Farm Stress Website  National Agricultural Law Center Farm Stress and Mental Health: Where Can You Turn?      

If we want someone who knows the in and outs of ag labor and immigration policy, it's Kristi Boswell.  Throughout her career, she has worked on this issue.  She joined us today to chat about the current issues with ag labor and immigration policy and some of the proposed changes that we have seen over the past several years.   Contact Info for Kristi Boswell  Website Phone: 202.239.3236 Email: kristi.boswell@alston.com   Links to Topics Mentioned on the Show - American Agricultural Law Association  -Prior podcast episode on H-2A Visa program -Prior podcast episode on H-2A program in light of the COVID-19 pandemic -2021 Notice of Proposed Rulemaking - Farmers.gov H-2A Educational Checklist - Farm Workforce Modernization Act of 2021

We had a listener request for a podcast episode about prescribed burn laws in Texas, and luckily, I knew just the guest to invite!  Dr. Morgan Treadwell and I walk through the various laws and considerations for prescribed burns in Texas. Contact Info for Dr. Morgan Treadwell Phone: (325)657-7317 E-mail: Morgan.Treadwell@ag.tamu.edu Twitter (@eXMorganRussell) Facebook  West Texas Rangelands blog Links to Topics Mentioned on the Show - Texas Prescribed Burn Handbook - Online Prescribed Burning School - Prescribed Burning: Liability Considerations  - Info on prescribed burn plans - Great Plains Fire Science Exchange - Joint Fire Science Program - Southern Fire Exchange  - Texas Natural Resources Code Chapter 153 - TDA list of Certified and Insured Prescribed Burn Managers  

I'm thrilled to have Rob and Chris with us to share about Texas forestland and timber contracts.  I learned so much from this podcast episode, and I'm confident you will too! Contact Info for Rob Hughes TFA Website Email:  rhughes@texasforestry.org  Twitter:  @TFARobHughes Contact Info for Chris Adams Vision Forestry Website Email:  cadams@vision-forestry.com   Links to Topics Mentioned on the Show - Texas Forestry Association - Vision Forestry - Association of Consulting Foresters  - Manual for the Appraisal of Timberland - Understanding & Evaluating Carbon Contracts - Carbon contract podcast episode  - Local county forest landowner associations  - Texas Accredited Foresters  - Texas A&M Forest Service - Forestry organizations - Timber Price Trends

The use of entities like trusts, LLCs, and limited partnerships can be extremely useful in developing a good farm or ranch estate plan.  Today, Leah Davis joins me to help talk us through some of the most commonly used entities, how they can be helpful, and how to choose the right option for you. Contact Info for Leah Davis Website Email: ldavis@bmwb-law.com Other Information Mentioned on the Show Prior episode on business entities Prior podcast episode on farm & ranch estate and transition planning Prior podcast episode on transition planning and lessons from the S Lazy H Prior podcast episodes on trusts Texas Secretary of State business website Prior podcast episode on transfer on death deeds