Category Archives: Eminent Domain

April 8, 2016 Weekly Round Up

It has been a busy week around here!  On Monday, I was a co-presenter on a Right to farm webinar.  On Tuesday, I offered a water law webinar for Texas extension agents.  On Thursday night, I spoke on agricultural law hot topics to a great group in Denton.  And, finally, today I am giving three presentations at the Texas & Southwest Cattle Raisers Convention in Ft. Worth.  To all of you new faces joining the blog, welcome! * Right to farm webinar recording available.  If you missed the… Read More →

March 4, 2016 Weekly Round Up

It’s been a busy week around here!  On Tuesday I spoke on surviving undercover video investigations at the High Plains Diary Conference in Lubbock.  It was a great turn out and I really enjoyed the chance to visit with folks about this topic.  Thanks to Ellen Jordan for the invitation.  On Thursday, I was in Abilene to speak with the Master Marketer class.  I appreciate Mark Welch inviting me to attend.  To those of you joining from these events, welcome! It has been a busy ag law week,… Read More →

February 19, 2016 Weekly Round Up

Happy Friday!    Before we get started, one last reminder of the Oil and Gas Leasing Seminar we will be putting on on Monday from 9-12 noon in College Station at the Hildebrand Equine Center (3240 F&B Road, College Station).  There is no required registration, no fees, and we will have parking passes for everyone.  So feel free to join us! Here are some of the agricultural law issues in the news recently. * Bragg case back in court.  The high-profile Texas water law case, Bragg v. Edwards Aquifer Authority, is… Read More →

August 7, 2015 Weekly Round Up

Last night I spoke at the Amarillo Ag Club meeting and really enjoyed the great discussion with everyone in the group!  To those of you new to the blog from that meeting, welcome!  Here are some ag law stories in the news this week. *  Idaho “Ag Gag” Law Held Unconstitutional.  A federal judge in Idaho has ruled the state’s “ag gag” law, which was passed last year to prohibit persons obtaining access to ag operations through false pretenses or recording ag operations without consent, violates the United… Read More →

July 17, 2015 Weekly Round Up

It’s time for another quick rundown of ag law stories in the news this week.  Enjoy! *  Texas Supreme Court Will Not Hear Appeal in Ecom USA, Inc. v. Clark.  This means that the Amarillo Court of Appeals opinion in the case–remanding the case to the trial court for more factual development on the question of whether an arbitration clause in a cotton contract was enforceable–will stand.  To read my analysis of the Court of Appeals’ opinion, click on this prior blog post. *  Tensions High Regarding Pipeline Project to… Read More →

Texas Legislature Considering Important Eminent Domain Bill

Last week, I spoke at a Landowner Rights Conference in College Station along with attorneys Luke Ellis and Justin Hodge.  Luke and Justin outlined several pending bills in the Texas Legislature that aim to change the law related to eminent domain.  The most important of these bills, in my opinion, is Senate Bill 474, which was introduced by Senator Lois Kohlkhorst. Background Although both the United States and Texas Constitutions require that landowners be paid adequate compensation for private property that is taken for public use, this “adequate… Read More →

December 9, 2014 Weekly Round Up

Because I did not get the Weekly Round Up post up last Friday, I figured better late than never, so here is the first-ever Tuesday weekly round up of ag law stories in the news. * LCRA Seeks Approval to Cut Off Downstream Irrigation Releases for Fourth Year in a Row.  In a story that is unfortunately becoming all to common, the Lower Colorado River Authority voted 11-2 to seek permission from the TCEQ to curtail downstream releases from the Highland Lakes.  The curtailment would not just impact… Read More →

What Is Eminent Domain To Ag?

I recently wrote an article for Progressive Cattleman magazine discussing what eminent domain is and the importance that landowners understand the law surrounding this power allowing the government (or someone acting with governmental authority) to condemn private property for public use upon payment of just compensation.  There is no doubt this is a very controversial topic, but it is an issue frequently facing agricultural landowners across the country.  To read my article, click here. Additionally, this article led to an interview with two great guys, Pepper and Trey,… Read More →

Interviews Related to Proposed RRC Eminent Domain Rule Change

As we previously discussed on this blog, the Texas Railroad Commission is currently considering a proposed rule change that would modify the requirements for a pipeline to be granted eminent domain authority as a “common carrier.”  The period for written public comment has now closed on the rule and a public hearing was held on this issue on Monday morning in Austin.  The Railroad Commission will now move forward with its evaluation of the rule and consideration of the comments received.  To view all comments sent to the Railroad Commission,… Read More →

September 6, 2014 Weekly Round Up

Yesterday, I enjoyed a trip to Lubbock to attend the planning meeting of the county extension agents in Districts 1 and 2.  Led by RPD, Danny Nusser, the agents worked hard to come up with program plans for 2015.  It sounds like there will be lots of great programs in the Panhandle and South Plains next year!  I appreciated the opportunity to attend. Here are a few ag law stories in the news this week. * Eminent Domain Controversy Near Mumford.  A proposed rail yard has caused a… Read More →