Ag Law in the Field

It would not be the holiday season without our Ag Law Year in Review podcast episode. My friend, Paul Goeringer, joins me to talk through our list of top ten ag law issues for 2025.

Contact Info for Paul:

(Email) [email protected]

(Twitter) @aglawpaul

(Blog) http://agrisk.umd.edu/

(Podcast) https://marylandagpodcast.org/

Topics Mentioned on the Show:

Blog post discussing top ag law issues

2fifty bbq restaurant

What the One Big Beautiful Bill Means for Agriculture episode with Dr. Justin Benavidez

Article on air emissions reporting exemption for livestock and poultry operations

Sponsors

I heard Misty Wilson Borkowski speak at the recent American Agricultural Law Association Conference, and I immediately knew we needed to have her on the podcast. She joins me today to talk about how farms, ranches, and agribusinesses can prepare for immigration enforcement.

Links to Topics Mentioned on the Show

Contact info for Misty Wilson Borkowski

Restaurant recommendation: The Fold, Little Rock, AR

How to keep up with ag law news: AILA; farm association publications; Southern Farming Facebook group

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

In this episode, I welcome back Garrett Couts to unpack the often-confusing world of rights of first refusal and option agreements in agricultural land transactions. Whether you're buying, selling, or leasing property, understanding these legal tools can make a big difference in protecting your interests and planning for the future. Tune in to learn what these terms really mean, how they're used in farm and ranch deals, and what to watch out for before signing on the dotted line. Contact Info for Garrett Couts Website Links to Topics Mentioned on the Show Previous Podcast Episodes The West Table Trattoria Alberto of Capital Hill 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

In this episode, one of our favorites, Jim Bradbury is back, and he also brought special guest Lynn Sherman in to discuss the latest updates and developments in Texas groundwater law. From recent court cases to evolving management strategies, this conversation dives into the complexities of water rights, groundwater conservation districts, and how changing legal landscapes affect landowners, agricultural producers, and rural communities across the state.

Contact Info for Lynn Sherman

(Email)

(Website)

Contact Info for Jim Bradbury

(Email)

(Website)

(Twitter) @jimbluewind

Links to Topics Mentioned on the Show

Jim Bradbury Prior Podcasts

Doug Caroom - Texas Groundwater Law

Supreme Court Case - Cactus Water Services

Terry Black's Barbeque

Cisco's - Austin, Texas

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

In this episode, one of our favorites, Jim Bradbury is back, and he also brought special guest Lynn Sherman in to discuss the latest updates and developments in Texas groundwater law. From recent court cases to evolving management strategies, this conversation dives into the complexities of water rights, groundwater conservation districts, and how changing legal landscapes affect landowners, agricultural producers, and rural communities across the state.

Contact Info for Lynn Sherman

(Email) 

(Website) 

Contact Info for Jim Bradbury

 

(Email)  

(Website)

(Twitter) @jimbluewind

 

Links to Topics Mentioned on the Show

Jim Bradbury Prior Podcasts

Doug Caroom - Texas Groundwater Law

Supreme Court Case - Cactus Water Services

Terry Black's Barbeque 

Cisco's - Austin, Texas

 

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

 

 

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) [email protected]

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) [email protected]

(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