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If there is one thing we know farmers and ranchers like to do, it's to have difficult conversations about their feelings and future plans, right? Although these conversations may not be enjoyable, they are extremely important in order to ensure the success of the transition of a farm from one generation to the next. Today, Jill Mader, a farm transition facilitator, joins me to talk about the importance of these conversations and offer some great tips for how to get started, what to discuss, and how to reach common ground. Links to Other Information Regarding Transition Planning Farm & Ranch Transition Planning podcast episode with Shannon Ferrell Transition Planning and Lessons from the S Lazy H podcast episode with Shannon Ferrell Oklahoma State University Farm Transitions Handbook

When can a farmer save seed to use again for the next season?  What protections are in place for seed companies to prevent the illegal use or sale of seed?  What protections are offered by patent law, the Plant Variety Protection Act, and license agreements? These are the questions I sat down with Arkansas-based attorney, Joel Cape, to discuss.  Joel has represented seed companies, seed sellers, and growers in navigating these legal issues. Contact Info for Joel Cape Website Links to Topics Mentioned on the Show Asgrow Seed Co v. Winterboer Bowman v. Monsanto

I am not even sure where to start with this one.  I suppose we start either with the chicken or the egg.  When criminal law attorney, Andrew Decker, had a case involving poultry that resulted in a criminal complaint, he found himself digging into the Texas Agriculture Code because his argument depended on open versus closed range law.  When I got a phone call where a domestic turkey owner was facing criminal charges--I knew just who to call. Listen in for a couple of wild stories where some birds roamed and we ended up with a couple of cases where ag law met criminal law. Contact Information for Andrew Decker  (Website) https://www.andrewdeckerlaw.com/ (Phone) 817-332-3822 Links to Topics Mentioned on the Show - Andrew & Andrew on Texas Criminal Defense podcast  - My episode on hemp and criminal law on Andrew's podcast - Ag Law in the Field Podcast episode on agriculture and mental health - Andrew's podcast on the chicken killing case - Ag Law in the Field Podcast episode on Fence Law  - Five Strands handbook - Owning Your Piece of Texas: Key Laws Texas Landowners Need to Know (Chapter 6 on Fence Law)

Family law is not my forte, which is why I contacted Stacey Barber to come and give us a lesson today!  Stacey is a family law attorney in Lubbock, TX and she did a great job of talking about community property.   What is the law in a community property state?  What is the difference between community and separate property?  When does this distinction matter?   Contact Info for Stacey Barber Website Links to Topics Mentioned on the Show  Blog post on Texas case involving cattle and community property National Ag Law Center Family Law Issues in Agriculture Fact Sheet 

This topic is a little different than our normal agricultural law focus.  The topic of mental health is one that is extremely important to me.  Agriculture and rural America has to do a better job of talking about mental health challenges and working to make positive changes.  Our lives literally depend on it. Today, I am thrilled to visit with Canadian farmer, Lesley Kelly.  Lesley is the co-founder of the Do More Agriculture Foundation, a non-profit with the goal of being "champions for the mental wellbeing of all Canadian producers" and a goal of "changing the culture of Agriculture to one where all producers are encouraged, supported and empowered to take care of their mental wellbeing." Lesley's Contact Information Facebook https://www.facebook.com/highheelsandcanolafields  Twitter  https://twitter.com/lesleyraekelly  Email lesley@highheelsandcanolafields.com  Links To Topics Mentioned on the Show  High Heels and Canola Fields What the Farm Podcast Do More Agriculture Foundation National Ag Law Center, Farm Stress & Mental Health: Where To Turn National Suicide Prevention Lifeline

Did you know that before a transmission line may be built in Texas, there is an entire proceeding before the Public Utility Commission in Texas?  Did you know that landowners potentially affected by a proposed transmission line are able to participate in that process? Brent Hamilton is here today to discuss the PUC process that applies to transmission lines and offers a few tips for landowners negotiating an easement for a transmission line. Contact Info for Brent Hamilton - Website - Contact Form Links to Topics Mentioned on the Show - Podcast: Eminent Domain FAQs with Zach Brady - Podcast:  Eminent Domain in Texas with Luke Ellis -Podcast:  Eminent Domain and Compensation with Jim Spivey

Eminent domain is one of the most popular topics we cover.  Today, we are focusing on the important issue of compensation when property is being condemned.  San Antonio-based attorney, Jim Spivey, joins us to talk us through many helpful concepts related to compensation, and offers important tips to Texas landowners dealing with eminent domain. Contact Info from Jim Spivey Website Email Law Firm of Spivey Valenciano, PLLC Facebook Page Eminent Domain for Texans Facebook Group Links to Topics Mentioned on Show Podcast - Eminent Domain FAQs with Zach Brady Podcast - Eminent Domain in Texas with Luke Ellis Eminent Domain in Texas - A Landowner's Guide Blog post on Hlavinka decision  

The Beef Checkoff Program is no stranger to litigation.  Today, Harrison Pittman joins me to talk about legal challenges to the Beef Checkoff programs, looking at the landmark decision in Johanns up to the more recent R-CALF v. Perdue. Harrison's Contact Information Biography Email: hmpittm@uark.edu    Links to Topics Mentioned on the Show National Agricultural Law Center Website National Agricultural Law Center Reading Rooms Johanns v. Livestock Marketing Association Opinion R-CALF v. Perdue Opinion Blog post on R-CALF v. Perdue Opinion Janus v. State, County and Municipal Employees Council

I'm really excited to have John McFarland, an oil and gas attorney who practices representing land and mineral owners and authors the popular Oil and Gas Lawyer Blog, on the show.  John is here to focus specifically on oil and gas royalties and the various legal issues that come up in that area. Contact John McFarland Website Blog    Links to Topics Mentioned on the Show Oil and Gas Lawyer Blog Checklist for Negotiating an Oil and Gas Lease   Podcast #33 Nicholas Miller (Negotiating an Oil and Gas Lease) 

There is no one who knows more about liens in Texas than our guest, David LeBas.  David graciously took time to walk us through several of the agricultural liens in Texas and explained how they apply and what a person must to in order to perfect these liens. Contact Info for David LeBas Website  

Mandatory Country of Origin Labeling.  Packer investigations and litigation.  Trade.  Slaughter regulations.  These are just some of the topics related to the beef industry that have been in the news recently.  I went to some of the leading experts in the country to talk us through these issues to help understand what has been going on and the economics and law behind these issues. Contact info for Dr. David Anderson (Email) danderson@tamu.edu  (Phone) (979) 845-4351 (Twitter) @LivestockEcon  https://twitter.com/LivestockEcon Contact info for Dr. Justin Benavidez (Email) justin.benavidez@ag.tamu.edu (Blog) https://agrilife.org/amarilloagecon/  (Twitter) @amarilloagecon  https://twitter.com/AmarilloAgEcon (Facebook) @Amarillo AgEcon  https://www.facebook.com/AMAAgEcon/ Contact info for Beth Rumley (Email) erumley@uark.edu (National Ag Law Center Website) https://nationalaglawcenter.org/  (National Ag Law Center Twitter)  @nataglaw  https://twitter.com/nataglaw Links to Topics Mentioned on the Show NDSU, TAMU, WVU podcast series on beef industry topics TAMU Center for North American Studies website Dr. Justin Benavidez Amarillo Ag Econ blog National Agricultural Law Center website  National Agricultural Law Center reading rooms National Agricultural Law Center meat processing laws in the US   Tiffany Lashmet is a partner of the National Agricultural Law Center (www.nationalaglawcenter.org) at the University of Arkansas System Division of Agriculture, which serves as the nation’s leading source of agricultural and food law research and information. This material is provided as part of that partnership and is based upon work supported by the National Agricultural Library, Agricultural Research Service, U.S. Department of Agriculture.

Bart Fischer is an ag policy big wig, so we were thrilled to have him on the show to give us an overview of the recently announced Coronavirus Food Assistance Program (CRAP) program.  Bart give us a great rundown of the program, the various provisions, and some of the issues or questions that have arisen so far.  Don't forget that the CFAP sign up is open now through August 28, 2020. Dr. Bart Fisher's Contact Info (Phone) 979.845.5913 (Email) bartfischer@tamu.edu Links to Topics Mentioned on the Show AFPC Overview of CFAP Program paper 

Dicamba has been the big ag law news story over the last week.  Brigit Rollins is here to chat all about the US Court of Appeals opinion vacating the federal registration for Xtendimax, FeXapan, and Engenia.  We walk through the background of the products, rundown the facts of the case, discuss the details of the court's opinion, and speculate on where things may go from here.  We also chat about the other litigation involving these products related to drift claims.  If you want to get caught up on everything in one place, we've got you covered! Contact Info for Brigit Rollins (Email) brollins@uark.edu (Phone) 707-494-3138   Links to Topics Mentioned on the Show - Brigit's Deal with dicamba blog series  - Blog post on Ninth Circuit decision - Blog post on EPA Final Cancellation Order - Prior podcast episode on dicamba 

He's back... Our friend Jim Bradbury is back again to talk about the latest definition of "waters of the United States" under the Clean Water Act.  The Trump administration's "Navigable Waters Protection Rule" will be final on June 22, 2020 and Jim is here to walk us through the new rule, how it compares with the Obama adminstration's 2015 WOTUS Rule, and where we go from here.    Contact Info for Jim Bradbury (Email) jim@bradburycounsel.com  (Website) http://bradburycounsel.com/ (Twitter) @jimbluewind   Links to Topics Mentioned on the Show Episode #3 - Jim Bradbury (WOTUS Rule) Episode #16 - Ask an Ag Lawyer Program Recap Episode #29 - Jim Bradbury (WOTUS Update)  Episode #30 - Jim Bradbury (CERCLA Air Emissions Reporting & Agriculture) Episode #51 - Jim Bradbury (WOTUS Update)  Episode #58 - Jim Bradbury & Jesse Richardson (Pros and Cons of Conservation Easements)  Text of the Navigable Waters Protection Rule  National Ag Law Center blog post on litigation challenging NWPR

The recent United States Supreme Court decision in County of Maui v. Hawaii Wildlife Fund will have major implications in both water and environmental law.  Hear about the case, the opinion, and the potential impact on agriculture and other industries going forward from two of our favorite podcast guests, law professors Jesse Richardson and Anthony Schutz.   Contact Info for Jesse Richardson (Email)  jesse.Richardson@mail.wvu.edu (Phone) 304-293-9460 (Twitter)  @jessejames8785   Contact Info for Anthony Schutz (Website) https://law.unl.edu/anthony-schutz/  (Twitter) https://twitter.com/anthony_schutz    Links to Topics Mentioned on the Show Blog post on County of Maui v. Hawaii Wildlife Fund opinion Podcast: SCOTUS Oral Argument Recap EPA Interpretive Statement on indirect discharges  Blog post summarizing indirect discharge cases Podcast:  Anthony Schutz on the Clean Water Act   Podcast: Jim Bradbury & Jesse Richardson on Conservation Easements Podcast: Jesse Richardson on Regulatory Takings  Podcast: Jesse Richardson on Exempt Wells

The law surrounding estate, gift, and inheritance tax is an are that is both complicated and important, especially for agricultural producers.  Today, Kitt Tovar and I discuss the key issues related to these taxes and hope to help listeners flag considerations in their own lives where there could potentially be tax implications.  Contact Info for Kitt Tovar (Website) https://www.calt.iastate.edu/people/kitt-tovar (Email) kwtovar@iastate.edu   Links to Topics Mentioned on the Show Center for Ag Law and Taxation website

I'm willing to bet that no one knows more about wind energy leases than Shannon Ferrell.  We are excited to have him on the show today to discuss some of the key considerations when negotiating a wind lease. Contact Info for Shannon Ferrell (Email)  shannon.l.ferrell@okstate.edu (Twitter)  @shanferrell (Website) http://agecon.okstate.edu/faculty/profile.asp?id=shannon.l.ferrell&type=faculty  Links to Topics Mentioned on the Show Shannon's prior podcast episode "Transition Planning" Shannon's prior podcast episode "Transition Planning & Lessons from the S Lazy H" Shannon's "Wind Energy Leasing Handbook" Texas statute on required wind lease terms

There have been a number of legal and economic issues that have arisen in light of the COVID-19 situation.  Today, Brandon Davis and Nate Huff join me to talk about the impact of COVID-19 and the H-2A worker program and other labor and employment issues.   Contact Info for Brandon Davis & Nate Huff Brandon Davis Nate Huff Links to Info Mentioned on the Show Phelps Dunbar Fact Sheet FAQs on COVID-19 & the H-2A Program 

Copyright. Trademark. Patent.  These intellectual property concepts are important to be aware of and each come up in various contexts involving agricultural law.  Today, Tave Doty and Rick Sanchez join us to talk about the differences in these three protections, when each are used, and what must be done to qualify. This educational discussion summarizes information relating to intellectual property protections in the U.S. This information is not intended to establish an attorney-client relationship, or to be construed as legal advice.  However, Tave and Rick welcome the opportunity to discuss these matters further with you. Contact Info for Tave Doty https://www.whitakerchalk.com/people/tave-parker-doty/  Contact Info for Rick Sanchez  https://www.whitakerchalk.com/people/rick-sanchez/

Special use property tax valuation is an important consideration for rural Texas landowners.  I am thrilled to have Cassie Gresham with us to talk about the different types of tax valuation options for people in agriculture, what is required to receive this special use valuation, the policy reasons behind the valuation, and what happens if land is taken out of the qualifying agricultural use. Contact Info for Cassie Gresham (Phone) 512.894.5426 (Email) cgresham@braungresham.com (Website) https://braungresham.com/meet-the-team/cassie-gresham/   Links to Topics Mentioned on the Show   Texas Comptroller website for special use valuation Texas Parks & Wildlife website for wildlife valuation Plateau Land & Wildlife Management free events  Texas A&M AgriLife Extension wildlife management valuation