Agriculture Residential Real Estate

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A Legal Morass: Overlapping Takings Law With the Endangered Species Act

Last week, Jeremy Jacobs posted an interesting article about the U.S. Supreme Court’s recent decision in Horne v. Dep’t of Agriculture, No. 14-275 (U.S. Jun. 22, 2015), and its potential application to Endangered Species Act...more

Waters of the United States Are Not What You’d Expect

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets...more

MDARD Workgroup Recommends Legislation to Support Urban Livestock Operations

Property owners who want to start or expand commercial livestock operations are required to go through a site verification process designed to ensure compliance with Michigan’s Generally Accepted Agricultural Management...more

Guide To Doing Business in Australia: Personal Property Securities Law (Updated)

PERSONAL PROPERTY SECURITIES LAW - Personal property securities law in Australia was recently overhauled with the introduction of the Personal Property Securities Act 2009 (Cth) (PPSA). The PPSA applies across all...more

Tentative 2014 Cook County Equalization Factor Released

The Illinois Department of Revenue has released the tentative 2014 Cook County equalization factor. The preliminary factor is 2.6922. Prior year equalization factors are summarized...more

Subdividing Land

When we think of subdivisions, we generally think of large housing estates with a house on each lot, but technically the subdivision of land means the creation of saleable lots by splitting a tract into smaller parcels....more

Proposed Changes to Australia's Foreign Investment Framework

In response to the findings of a recent report on Foreign Investment in Residential Real Estate (Report) by the House of Representatives Standing Committee on Economics (Committee), the Commonwealth Government of Australia is...more

Conservation Easements Are Not Required As Mitigation For Permanent Loss Of Farmland

In Friends of the Kings River v. County of Fresno, the California Fifth District Court of Appeal upheld the County of Fresno’s adoption of an Environmental Impact Report for a mining operation that will result in a permanent...more

Proposed Privacy Fences Around Michigan Apiaries

The Michigan Department of Agriculture is considering a change to Michigan's Generally Accepted Agricultural Practices ("GAAMPs") that would compel beehive owners to "block" their apiaries from neighboring properties....more

New Law Changes Special District Noticing Requirements for Terminating Service on Delinquent Accounts

Passage of AB 2747 by California Legislature Modifies Law - The noticing requirements special districts must follow to terminate delinquent residential light, heat, water or power service accounts were substantially...more

California Environmental Law and Policy Update - October 2014 #5

Environmental and Policy Focus: Federal Appeals Court rejects challenge to new highway linking LA and Long Beach - Courthouse News Service - Oct 31: The 9th Circuit Court of Appeals affirmed a district court ruling...more

Boyz In the Agrihood: Planned Communities Trade Golf Courses for Working Farms

I don't play golf. I like golf, I'll go out and hit around with friends or colleagues, but I don't "play golf". To me, playing golf means 18 holes on a weekend, maybe 36, and perhaps a round or two during the week. No, I...more

Prudential Regulators Issue Statement On Increased Maximum Flood Insurance Coverage

On May 30, the OCC, the FDIC, the Federal Reserve Board, the NCUA, and the Farm Credit Administration issued an interagency statement regarding the increased maximum amount of flood insurance available for “Other Residential...more

Agrihoods: The New “Farm-To-Table” Homebuilding Trend

Imagine driving down the paved street of a suburban community. Children are riding their bikes toward a neighborhood playground. Couples are walking on the sidewalk with tennis gear headed toward the local tennis courts....more

Farm Bill Passage A Boon To Homebuilders

The Farm Bill, which was approved by the Senate on Monday and the House last week, contains a provision that was supported by the National Association of Home Builders (NAHB) that will enable millions of Americans to maintain...more

The Doctrine of Emblements: Protection for Texas Farm Lessees

Under Texas law, a lessee who plants crops on the leased property may have a right to enter the property to harvest the crops even after the termination of the lease if the doctrine of emblements is applicable. Learn more...more

Current Issues in Texas Surface Water Law

Learn more about the major issues currently going on in Texas related to surface water. This article was initially published on the Texas Agriculture Law Blog at ...more

Texas Water: Basics of Surface Water Law

This article outlines the basics of surface water law in Texas. *This was first published on the Texas Agriculture Law Blog at . ...more

Housing Market Largely Escapes Damage From Government Shutdown, For Now

The federal government shut down at the stroke of midnight on September 30th as the Congress failed to pass a bill to continue funding the government. The repercussions are many, including preventing 800,000 Americans from...more

Texas Water Wars: Texas v. New Mexico

Learn more about a lawsuit between the states regarding the waters of the Rio Grande River that is creating serious controversy between the two states and may be decided by the United States Supreme Court. This article is...more

Devon Energy Seeks Appellate Review of Application of Marketable Condition Rule

Devon Energy Corporation has filed an application for interlocutory appeal with the New Mexico Court of Appeals. If accepted, the Court of Appeals will likely determine whether New Mexico recognizes the "Marketable Condition...more

Most Favored Nations Clause: Something To Consider

A recent Texas appellate court decision outlines the mechanics of a "most favored nations clause" in an oil and gas lease. These clauses require that a mineral lessor treat the lessee as well as any other lessee in a defined...more

Reeves v. Hooton: Texas Right to Farm Act Inapplicable

The Tyler Court of Appeals recently upheld a jury verdict that deemed the Texas Right to Farm Act inapplicable in a case involving the use of a propane cannon. The jury found insufficient evidence that the farmer's use of...more

Edwards Aquifer Authority v. Bragg: A Summary for Non-Attorneys

The Texas Supreme Court's ruling in Bragg makes clear that, at least in some circumstances, a groundwater conservation district's denial or limitation of a permit seeking to pump groundwater for irrigation can constitute a...more

Texas Surface Owners Beware!: Understanding Mineral Lessee’s Rights to Use the Surface Estate

In Texas, surface owners are often surprised to learn that mineral owners who lease the mineral rights to an oil company grant that company the right to various uses of the surface estate. In these situations, the surface...more

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