Category Archives: Texas Supreme Court Decisions

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 →

BREAKING NEWS: TX and NM Supreme Court Rulings Impact Agriculture

Well it turned into a busy week for ag law right at the last minute and after I posted the weekly round up.  Major actions from the Texas and New Mexico Supreme Courts that have major impacts on the agriculture industry in both states. First up, the Texas Supreme Court will NOT hear the appeal in Texas Farm Bureau v. Texas Commission on Environmental Quality.  This case arose during the drought of 2012 when there was a shortage of water on the Brazos River.  Dow Chemical had a 1942 water right… Read More →

What Constitutes Gross Negligence Under the Recreational Use Statute?

The Texas Supreme Court recently analyzed an important question for Texas landowners:  What constitutes gross negligence under the Recreational Use Statute?  The court’s opinion in Suarez v. City of Texas City focuses on other issues such as governmental immunity as well, but also offers insight into how gross negligence is analyzed under the Recreational Use Statute. [Read full opinion here.] Legal Background As you may recall from this prior blog post, Texas has a Recreational Use Statute which essentially shields Texas landowners from liability if a person is injured on agricultural land while… Read More →

September 11, 2015 Weekly Round Up

Here are a few of the major ag law stories in the news this week. * Texas Supreme Court Will Consider City of Lubbock v. Coyote Lake Ranch. Last Friday, the Texas Supreme Court granted Coyote Lake Ranch’s petition for review in this important water law case that asks whether the accommodation doctrine should be applied to groundwater.  Lower courts split on this issue, with the trial court issuing a preliminary injunction in favor of Coyote Lake Ranch, which was overruled by the Amarillo Court of Appeals, which held… 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 Supreme Court Finds for Royalty Owners in Hyder Case

In June, the Texas Supreme Court issued a 5-4 opinion in a much-watched dispute between royalty owners and oil and gas producer, Chesapeake Exploration, LLC.   [Read full opinion here.] This case is extremely important for all Texas royalty and overriding royalty owners to be aware of as it illustrates contractual language sufficient to prevent the production company from deducting post-production costs from royalty payments, and that which is not sufficient to prevent such deductions.  There is a fine line between sufficient and insufficient language, which can have… Read More →

Texas Supreme Court Will Not Hear Bragg v. Edwards Aquifer Authority

On Friday, the Texas Supreme Court denied petitions to consider appeals from both sides in Bragg v. Edwards Aquifer Authority.  This result is surprising to many legal scholars who have been watching this high-profile case for years.  In light of the Court’s refusal to consider the case, the opinion of the San Antonio Court of Appeals will stand.  [Read full Court of Appeals Opinion here.] Background The Braggs own property that sits above the Edwards Aquifer on which they have two pecan orchards:  The Home Place orchard and the… Read More →

Texas Supreme Court: Duty of Executive Rights Holder to Non-Participating Royalty Owner

Recently, the Texas Supreme Court clarified the duty owed by an executive rights holder to a non-participating royalty owner when negotiating an oil and gas lease.  KCM Financial LLC v. Bradshaw is an important opinion as it makes clear what obligations the executive rights holder has, and does not have when negotiating and signing mineral leases.  [Read full opinion here.] Basic Legal Background Generally, if not severed, a mineral owner possesses certain rights as part of mineral ownership.  These rights include the executive right, which is the right to… Read More →

Texas Supreme Court: What Happens When Deed Descriptions Differ?

When the metes-and-bounds description in a deed conflicts with another, more general description in the deed, which controls?  The Texas Supreme Court recently answered this question in Stribling v. Millican DPC Partners, LP.  [Read full opinion here.] Background Millican and McGregor are neighboring landowners in Brazos County.  They are at odds over which of them owns a 34.28 acre tract. Tracing this back in the deed records, there is a 1945 deed that, using metes-and-bounds identifies 202 acres, including the 34 acre tract in dispute, as being deeded from… Read More →