Category Archives: Texas Supreme Court Decisions

Texas Supreme Court Issues Important Opinion Regarding Damages to Real Property

Last week was a busy one for the Texas Supreme Court.  In addition to the Hamrick v. Ward opinion we discussed on Monday, the Court also issued an important opinion in Wheeler v. Enbridge Pipelines, L.P. that clarifies the proper measure of recovery for damages to real property.  [Read full opinion here.] Background The Wheeler family owned 153 acres of heavily wooded property in Shelby County.  The Wheelers agreed to grant Enbridge an easement across the property in order to place a pipeline, but required that the pipeline be installed by… Read More →

Texas Supreme Court Clarifies Law Regarding Implied Easements

The Texas Supreme Court’s decision last week in Hamrick v. Ward is important as it clarifies the law regarding implied easements, which could impact landowners across Texas.  [Read full opinion here.] Background The facts in this case are actually less important than the legal principles set forth by the court.  Thus, the facts are reviewed only briefly in very simplified form. In 1936, O.J. Bourgeois owned 41.1 acres in Harris County.  He convened two acres of this property to his grandson, Paul.  During Paul’s ownership, a dirt road was constructed… Read More →

Texas Supreme Court Sides with South Texas Ranch in Wrongful Death Lawsuit

The Texas Supreme Court recently considered the duty of a landowner and his employees with regard to people trespassing on the property.  The Boerjan v. Rodriguez  decision affirmed that a landowner or occupier of land owes only a limited duty not to intentionally injure a trespasser.  This case was closely followed by a number of agricultural interest groups in Texas and provides important information for landowners who confront trespassers on their property.  [View opinion here.] Background In this case, a family (father, mother, and child) from Mexico hired a driver to provide transportation… Read More →

Texas Supreme Court: Implied Surface Use Includes All Pooled Tracts

*This article is not a substitute for the advice of an attorney.* On Friday, the Texas Supreme Court reversed both the Washington County trial court and First Circuit Court of Appeals (Houston) in Key Operating & Equipment, Inc. v. Hegar.  I previously blogged about the court of appeals opinion and the Supreme Court review of this case here. Background This case involved two neighboring tracts of land known as the Richardson tract and the Curbo tract.  Key Operating leased the mineral rights on the Richardson tract since 1987.  From 1994 to 2000,… Read More →