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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 http://agrilife.org/texasaglaw ...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 http://agrilife.org/texasaglaw . ...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

A Cattle Rancher v. An Oil Company - The Accomodation Doctrine

The Texas Supreme Court recently outlined the parameters of the accommodation doctrine as it applied when oil companies are granted the implied right to enter and utilize a surface estate in order to drill for and produce oil...more

Water Bills - Summary of the 2013 Texas Legislative Session

This article provides a summary of the water-related bills considered by the 2013 Texas Legislature. *This article was originally posted on the Texas Agriculture Law Blog: http://agrilife.org/texasaglaw ....more

Massachusetts Landlords Smoking Mad About New Medical Marijuana Law

Burned up Massachusetts landlords are fuming with concern over the state’s newly passed but hazy medicinal marijuana law. The law — rolling out Jan. 1 — grants medical marijuana users the right to grow a two-month supply of...more

New Taxes on Farmland Sales for 2013

If there is a chance that you may want to sell your farm, then you should think hard about getting it done before the end of 2012. There is a load of new taxes on capital gains and unearned income coming into effect on Jan....more

Legal Byte: “Boundary by Agreement:” a fence alone is not enough

California landowners can agree on a boundary between their properties. However, they have to conform to specific requirements by California law....more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: Avoiding hidden liabilities with employee housing...

Farms and ranches of various sizes often provide their employees with some form of housing in addition to the wages they are paid. Little thought typically goes into the legal status of the housing arrangement. This is...more

What is Downzoning and When is it Compensable?

"Downzoning" describes a government agency's rezoning a parcel of land once previously zoned for a more intense use to a more restrictive use (e.g., changing the commercial zoning designation of an undeveloped parcel of land...more

Bounds v. New Mexico

Amicus Curiae Brief of Water Systems Council Amici in Support of the State of New Mexico and the State Engineer John D'Antonio

This amicus brief, filed by Tiffany Dowell and Jesse J. Richardson, Jr., was filed on behalf of 17 nationwide clients in support of the constitutionality of New Mexico's domestic well statute. This brief discusses the prior...more

Foreclosure Consequences for the Borrower under the USDA Rural Home Loan Program

An example of how borrowers under the USDA Rural Home Loan Program are personally liable for an loss claims filed by primary lenders in this upside down market. That's right, the low income borrower will personally owe the...more

Filing Bankruptcy Without Losing the Farm: Arizona Bankruptcy Attorney

After meeting with me in a bankruptcy consultation I hand out a questionnaire that I require everyone to complete that provides me with information like assets, debts, income, and expenses. I have various categories when it...more

Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions "On The Ground"

Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, E049651 (4th Dist. Div. 2, November 22, 2010) In Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, the Court of Appeal considered...more

McAfee & Taft AgLINC - December 2010

INSIDE THIS ISSUE: 2 Oklahoma’s Nontestamentary Transfer of Property Act 3 Tracking EPA’s enforcement of the CAFO Mandatory Greenhouse Gas Reporting Rule 3 The excess farm loss deduction limitation 4 Oklahoma’s Oil and...more

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