Ag Law In The Field

Today our topic is one near and dear to the heart of every legal nerd...regulatory takings.  Folks are usually familiar with the idea of a taking where the government might come in and physically take property, like for a road.  But there is another type of takings case, known as regulatory takings, where a government regulation can go so far that it is considered a taking for which a landowner is owed just compensation under the Constitution.  Today, Professor Jesse Richardson and I will tackle this topic! Links to Topics Mentioned on the Show Ag Law in the Field Episode #9 - Exempt Wells   Contact Info for Jesse Richardson Email  jesse.Richardson@mail.wvu.edu Phone  304-293-9460 Twitter  @jessejames8785

The big news in December was that Congress passed the "Tax Cuts and Jobs Act" and it was signed into law by President Trump on December 22, 2017.  Today, Kristine Tidgren is here to walk us through some of the major changes and impacts from the changes made in the bill.  We walk through some personal taxation changes like decreases in tax rates, doubling the standard deduction, and elimination of various deductions for those that itemize.  We briefly cover changes made to the federal estate tax.  Finally, we hit on some major (and complicated!) modifications for corporate tax filings. A couple of important points we tried to note are that although there are general expectations about how most people's taxes may decrease, that may not be the case for everyone and the old lawyer's favorite phrase of "it depends" applies!  Also, many of the provisions are not going to really apply until folks file their 2018 taxes in 2019.  Finally, many of these provisions will phase out in 2025 and all provisions are only as "

2017 has been an exciting year for agricultural law.  Today, my friend Paul Goeringer, Extension Legal Specialist with the University of Maryland, joins me on a joint podcast to discuss some of the top legal stories of this year. To check out Paul's podcast, click here. The topics we have selected for our list (and links to blog posts discussing these issues in great detail) are: Dicamba  Waters of the United States Syngenta Air emission reporting under federal law "Ag gag" litigation in Utah and Idaho "Total pollution exclusion" insurance coverage dispute Scope of Endangered Species Act for intrastate animals Additionally, we've previously done podcast episodes on two of these topics--WOTUS was the topic in Episode #3 with Jim Bradbury and "Ag gag" was featured in Episode #19 with Ashley Ellixson. Thanks so much for listening to the podcast this year, we'll look forward to more ag law excitement in 2018!  Happy Holidays to you and yours!

Between Syngenta corn and dicamba drift, class action litigation has been at the forefront of agricultural legal issues in recent years.  Today, my former boss, Chuck Peifer joins us to talk about class action litigation.  Chuck is the managing partner of a commercial litigation firm in Albuquerque, New Mexico, which handles both plaintiffs and defendants in various commercial matters.  He has handled a number of class action lawsuits involving wage and hour issues, oil royalty underpayment cases, and security claims. We discuss the rationale behind allowing class action litigation, how a person becomes a member of a class action lawsuit, analyzing whether a person wants to opt out of this type of suit and what it means to be a class representative or a class member in a class action lawsuit.  Next, we turn to some nuts and bolts on how class action litigation procedure works, including a class certification hearing, class notice, and how defendants may view settlement negotiations after classes are certified

Today we continue in our water law series by focusing on surface water. If you missed the episode focused on groundwater, click here. I'm joined by Carlos Rubenstein.  His experience in Texas water is vast, including former Rio Grande Water Master, to a Commissioner on the Texas Commission on Environmental Quality to Chair of the Texas Water Development Board.  Water is certainly a passion of Carlos' and he has had really interesting experiences. We walk through the definition of surface water in Texas, the legal concept of prior appropriation that governs the vast majority of surface water in Texas, the TCEQ permitting process, and how people can go about obtaining rights to use surface water.  We also talk a bit about the role of watermasters in Texas. We then talk about a number of disputes and cases including the LCRA curtailing water rights for rice farmers, Texas Farm Bureau v. TCEQ, The Aransas Project v. TCEQ, Texas v. New Mexico, the 1944 Texas-Mexico Treaty on the Rio Grande, and issues on the S

Water law is an important issue in Texas.  Today, we will be discussing Texas groundwater law with Austin-based water attorney, Doug Caroom.   Doug and I walk through the Rule of Capture, the approach to groundwater in Texas.  We discuss regulation by local groundwater conservation districts and considerations that go along with this approach to managing groundwater. Additionally, we talk through several key and recent groundwater cases including Day v. Edwards Aquifer Authority, Bragg v. Edwards Aquifer Authority, City of Lubbock v. Coyote Lake Ranch.  Finally, we discuss the law and impact of some pending water pipeline projects and some pointers for folks to keep in mind when purchasing or selling property with regard to groundwater severances. When asked for a law he would like to see changed, Doug says that it is too difficult to amend surface water rights at TCEQ, which prevents there from being an effective water rights market in Texas.  He believes we could use surface water more efficiently if there

My guest today is Jourdanton-based attorney, Trace Blair.  Trace is an Aggie alum, graduate of Texas Tech University School of Law, and a partner at Wigington Rumley Dunn & Blair.  He practices in a number of areas, including agricultural law, oil and gas law, and catastrophic injury litigation. He has drafted agreements for numerous landowners who want to allow others to hunt on their property and even paid for college by guiding hunts. We discuss a number of issues to consider, including thoughts on whether hiring an attorney to draft a license is good practice, the difference between leases and licenses, key terms to include in a lease, and liability issues and waivers. Trace offered up several great restaurant recommendations.  He says the best high-end dining experience around is Bohannan's on Houston Street in San Antonio. The same chef owns Peggy's on the Green in Boerne, Texas.  Lastly, if you ever find yourself in Trace's hometown of Charlotte, Texas, he says Galindo's is the place to go for good

"Ag gag" statutes have been in the news lately as several Constitutional challenges have been filed against this type of statute.  Only a handful of states have passed this type of legislation, which seeks to prohibit trespassing on or providing false information to obtain employment at an agricultural operation.  Federal trial level courts in Idaho and Utah have found their respective state's "ag gag" statutes unconstitutional.  Additionally, a Wyoming federal court recently held that the First Amendment applied to a state statute there prohibiting trespassing on private property to collect resource data. On today's episode, Ashley and I discuss these statutes, the background upon which they arose, and the recent litigation decisions in these court cases. Contact info for Ashley Ellixson (Email address) aellixson@UDAZ.ORG (Twitter)  https://twitter.com/Legally_Ashley   Links to topics mentioned on the show - Ashley's prior podcast appearance  - United Dairymen of Arizona - What are ag gag laws? - Blog post

Eminent domain is a hot topic currently for landowners across the state.  From various planned highways, to oil and gas pipelines, to water pipeline projects, to the high speed rail, many landowners are facing the potential taking of their private property pursuant to the use of eminent domain.   My guest today is Luke Ellis, a partner at the JMEH Law Firm in Austin.  Luke went to law school at the University of Texas and focuses his practice entirely on representing property owners negotiating easements and facing eminent domain.  He also teaches as an adjunct professor at the University of Texas College of Law. We discuss the most common types of eminent domain cases facing landowners, which entities have eminent domain power, analyzing whether a project has eminent domain power, negotiation tips, and valuation considerations.  We also chat about hiring an attorney and how firms generally charge to represent a landowner on an eminent domain proceeding. Not surprisingly, when asked what law he would like to

Today's guest is one of my childhood friends thanks to New Mexico 4-H and FFA, Erin Hawley.  Erin grew up the 6th generation on her family's beef cattle operation in northeastern New Mexico.  She obtained her animal science degree from Texas A&M University and went on to graduate from Yale Law School.  She was hired by then-Judge John Roberts on the D.C. Circuit Court of Appeals.  When Judge Roberts was appointed to the United States Supreme Court during the time Erin's clerkship was set to begin, she worked at a law firm for year, then clerked for a judge on the Fourth Circuit Court of Appeals, and was eventually hired to be Chief Justice Roberts' clerk at the United States Supreme Court. Erin talks about the responsibilities of the clerks, what their work entails, what the hours are like, and more about what happens inside the Supreme Court from a law clerk perspective.  She shares what it is like to review cert petitions, how terrifying it was to help Chief Justice Roberts prepare for oral argument, an

In early August, I traveled to College Station to meet up with three of my favorite ag lawyers, Jim Bradbury, James Decker, and Kyle Weldon.  We had a great session at the Texas A&M Beef Cattle Short Course in College Station.  We titled the program "Ask an Ag Lawyer" and basically just answered people's questions on water law, oil and gas law, eminent domain, estate and succession planning, fence law, and property issues.  There were 150+ cattle producers in attendance and they had wonderful questions that made the program really interesting and (hopefully!) useful for the participants. Today, on the podcast, we recap that program including our favorite questions, best stories, and some of the most important issues addressed.  From how to deal with an aggravated neighbor to property tax valuation issues to questions about groundwater rights, this podcast gives a great overview of some of the issues that ag lawyers love to chat about. After the program, we adjourned to the Dixie Chicken, ate Tijuana Fries

Today, we are in for a treat.  Pat Dillon is our guest to share some of his best true stories from his small town Iowa law practice.  Pat's law office is located in Sumner, Iowa, population 2,000. After attending Iowa State University, serving in the Army, and graduating from Drake University School of Law, Pat moved back to his hometown to practice.  One year out of law school, he opened his own firm and has never looked back.  He focuses his practice on agricultural law, criminal law, probate work, real estate issues, and tax law. On this episode, he shares some of his best stories.  From a rapper who murdered his grandmother, to citing the Bible in legal briefs, to a con-man gypsy, Pat has seen it all!  As I told him, he is the only ag lawyer I know to us "I've got to go to jail" as a reason to get off a conference call. He offers great advice to young attorneys looking to start their own practice and shares some wisdom that he's learned (some the hard way) over the years. When asked about what law he woul

Today, our topic is one of huge importance for Texas landowners and involves the rights of surface owners dealing with oil and gas production on their property.  Our guest is F. Parks Brown, an attorney with Uhl, Fitzsimons, Jewett & Burton, PLLC whose practice focuses on representing Texas land and mineral owners.   Parks has a degree in Philosophy from Washington & Lee University and a law degree from St. Mary's University.  He spent several years working as a petroleum landman in New Mexico, giving him some great experience on both sides of the issues he works on today.   We discuss the dominant estate rule in Texas, whereby if the mineral estate is dominant to the surface estate, granting the mineral owner or lessee the right to use as much of the surface estate as is reasonably necessary to produce oil and gas.  Importantly, this is an implied right, meaning that it applies to every property unless expressly deemed inapplicable by contract or agreement between the parties.  This right to use the

Attention, everyone.  This is the inaugural podcast appearance of the one and only Dr. Shannon Ferrell.  If you know Shannon, you love him.  He is one of the best, most popular professors at Oklahoma State University and an extremely in-demand speaker on agricultural law issues across the nation.  We are honored to be his first podcast appearance! Shannon grew up on his family farm at Leedy, Oklahoma and obtained his bachelor's and master's degrees in Agricultural Economics at Oklahoma State University and his law degree at Oklahoma City University School of Law.  After several years in private practice, he landed his dream job teaching agricultural law at Oklahoma State University. Today, we are talking about a topic near and dear to both Shannon's heart and my own, and that is transition planning for farm and ranch families.  As Shannon explains, "transition planning" includes both an estate plan to pass on personal assets at death and a succession plan to transfer control and ownership of a family business

Judd Gardner and I have been friends for almost 20 years and I am very excited to have him on the podcast today to talk about the Farm Bill.  You will see quickly that he is extremely well versed in farm policy and the 2014 Farm Bill. Judd grew up on his family ranch in Central New Mexico, attended Clarendon College, obtained his Animal Science degree from Texas Tech University, and his Masters in Agricultural Science at West Texas A&M University. Since graduation, he has been in Washington DC working in agricultural policy.  Currently, he serves as a legislative assistant to Senator Jerry Moran of Kansas. We kick things off with a basic overview of the Farm Bill.  In the 2014 Farm Bill, there are 12 titles including commodity, conservation, research, nutrition, trade, and many others.  It is important to note that the Farm Bill covers far more than the classic commodity programs that most farmers are more familiar with. Judd then offers a great discussion of the major changes to Title I programs in the 2

I am excited to have Alice Kilborn on the show, my first guest who is a fellow University of New Mexico School of Law alum!  Alice has a wealth of experience in both human resources and employment law, so she was the perfect person to talk to us about legal issues related to hiring and firing employees.  Alice gives us a number of "best practices" for employers to consider implementing in their own businesses. Alice has a degree in political science and a law degree, both from the University of New Mexico.  Prior to law school, she worked in human resources for a bank and loved that area so much, she decided to attend law school with the intent to do employment law.  She has worked in an employment law firm, owned her own employment law/human resource consulting business, and is now headed to an employment firm in Washington, DC. Alice and I discuss important employment law concepts like at will versus contractual employment and what groups are considered protected classes.  She offers a host of best practice

Today, we have a topic that is extremely important, complex, and interesting for agriculture...immigration law.  My guest is Sarah Thomas, an attorney at the New Mexico law firm of Noble & Vrapi, where she practices business immigration law.  Sarah works with employers, including dairies in New Mexico, on business immigration issues.  This episode is full of practical information and best practice suggestions for employers to consider. Form I-9 We kick things off talking about the importance of employers complying with Form I-9 requirements.  Critically, having all employees complete Form I-9 is required for all employers, whether or not they hire foreign nationals, to have forms on file for all employees for the required time limits (the longer of 3 years after hire, or 1 year after the employee ceases employment).  Employers should ensure they use the most current Form I-9 (available here). With respect to filling out the Form I-9, Sarah explains that employers should be careful to follow the rules list

There is no one who loves talking about legal issues surrounding exempt wells more than my friend and West Virginia University College of Law Professor, Jesse Richardson.   Today on the podcast, we discuss what exempt wells are and a number of legal issues surrounding their existence.  We also discuss cases around the country addressing this issue.   Contact Info for Jesse Richardson Email  jesse.Richardson@mail.wvu.edu Phone  304-293-9460 Twitter  @jessejames8785

Today we're talking to my friend and Stamford, Texas attorney, James Decker. As you will see today, there is no one I know who loves Texas. Allsup's burritos, and the law more than James!   James grew up in Stamford, Texas and after receiving his Agribusiness degree from Texas A&M and law degree from Texas Tech University, he returned home and hung out his own shingle. Our main focus today is on settling an estate after someone has passed away. Particularly, we will focus on the probate process and on various statutory alternatives to probate here in Texas. James offers the following advice for all people:  "Die with a will.  It's just easier on everyone."  I couldn't agree more!  We kick off our discussion by talking about intestate succession laws, meaning the applicable statutes that come into play to distribute assets when someone dies without a will.  As you will hear, this can cause significant issues and lead to disputes and added expenses that no one wants to leave behind. Next, we turn to the Tex

Today, we're talking drones on the podcast with my friend and Extension Ag Law Specialist at the University of Maryland, Paul Goeringer.  Although neither of us own a drone ourselves, Paul and I have both given numerous presentations and answered countless questions from folks planning to use drones and those who are concerned about how drone use may impact their privacy. Paul grew up on a farm in Western Oklahoma, obtained his degree in Ag Economics at Oklahoma State University (Go Pokes!), his law degree from the University of Oklahoma College of Law, and his LLM from the University of Arkansas.  Then, he headed to the East Coast where he accepted his position at the University of Maryland. We kick the drone talk off with looking at what steps an operator needs to take before flying his or her drone.  This includes registering the drone with the FAA before the first flight obtaining the remote pilot airman certificate and reviewing and complying with all FAA regulations.   Next, we turned to privacy issues