CALF_News_June_July_2019
29 CALF News • June | July 2019 • www.calfnews.net year or more, don’t chance it with an oral agreement. “If there is a breach of contract [on a grazing lease], you need to have a written contract.” Lashmet said,“Something for a judge or jury to go on. “Also, a tenant may want to a written lease so he can record it in the county records. It puts people on notice that a lease exists.” A written lease is needed in the event the property ownership changes hands. “The document will clarify to the new owner that the lease exists,” Lashmet said, adding that a written lease may protect the lease if there is a situation in which eminent domain allows a com- pany to build a pipeline over the prop- erty being leased.“Also, FSA or NRCS may require a copy of a lease to sign up for farm programs,” she said. With the expected large land turn- over in the next 20 years,“There will be many more absentee landowners,” she said.“You may need a map to document what part of the land is leased. You never know what may happen.” TSCRA Continued from page 27 Leases don’t have to be complicated. Lashmet said a typical lease should list approval for the lease, forum clause, a dispute resolution clause, attorney fee provisions and liability clause. The lease should note that if the tenant does something wrong, the landlord is not liable. “Every landlord needs to have liability insurance on your property, and every tenant also needs to have liability insur- ance,” Lashmet said. With a grazing lease, stocking rates should be set to determine animal units allowed per so many acres. A 1,500- pound cow is one animal unit. Eminent domain TSCRA has been a leading advocate for passage of new Texas laws on emi- nent domain, laws that protect farmers, ranchers and other rural landowners from unfair practices by oil and gas, and other energy-producing companies. Cattle Raisers and the Texas Farm Bureau, another backer of better emi- nent domain legislation, contend that landowners are not on the same ground as those who want to take land away for pipeline construction and other issues. By early May, the Texas Senate had passed its version of eminent domain legislation. The Texas House was still debating the issue.“Big Oil” has always had the upper hand in eminent domain regulations in Texas. TSCRA hopes that fairer regulations will result in a more level playing field that brings it down to size. TSCRA government affairs vice president Kaleb McLaurin keeps working the Texas Legislature for a solid eminent domain policy. your cattle are out? Tired of wondering whether the check that comes in will be enough to cover the checks that are going out? Weary from years of hard work and not enough rest? If you’re agreeing with the second set of questions, you really need to put some thought into why you’re doing what you’re doing. We only get one shot at this precious life. We never know when it’s going to be game over. Tomorrow is not promised. Just because you have been doing it for your entire life is not a good enough reason to continue doing what you’re doing and not enjoying a second of it. What is the legacy that you want to leave behind? My parents just got done with their estate planning and told my sisters and me (and our spouses) who is getting what when they are gone. They also told us a little about what they want to do with the rest of their lives. They built their operation from the ground up. They raised three daughters on a farm that they grew together. My sisters and I are all smart, talented, self- sufficient individuals. We are going to be more than okay if we don’t get anything from them. summer, what cows are going to have to go? Do we need to re-think our grazing options so we can get the cattle to the pastures without good water first? If the winter is another nasty one, how do we stockpile enough feed? Do we need Continued on page 31 We have survived a horrendous summer, fall, winter and spring. Times are going to be hard in the future, but celebrate the fact that we’re here. It’s so important that you aren’t work- ing yourself into an early grave just to give it to your kids. Make sure you’re enjoying life. Take time for yourself. Hire the help so you can go see your kids’ or grandkids’ events. Stop waiting for tomorrow to enjoy life. After some soul-searching, if you decide that you really love what you’re doing and want to keep doing it, do some inventory. Be prepared for the worst, and when it doesn’t happen, you’ll be ready. If we have another drought this to look at putting the corn into silage instead of selling the kernels? Can we put up an inexpensive shed to house them once the babies start coming? What equipment purchases can we absolutely not live without? What could wait another year? Make a list. Write it down, just like financial expert Dave Ramsey does with his budgets. Priori- tize needs, top to bottom. What is the absolute most important thing that must
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