Category Archives: Uncategorized

Texas Landowner Liability Part II: Premises Liability – Legal Status and Duty Owed

As we discussed in Part I of this series, when a plaintiff is injured due to a condition on the defendant’s land, he or she may recover only under a premises liability claim.  In analyzing this type of claim, the first question to ask is what duty was owed by the landowner.  The answer to this question generally depends on which of the three the legal categories the plaintiff fits: invitee, licensee, or trespasser. Invitee A person who enters the land with the owner’s knowledge and for the mutual… Read More →

Question from Tiffany’s Desk: Forum Selection Clauses

Question:  Recently I got a question asking whether Texas law recognizes contractual provisions requiring claims to be brought in a certain place.  For example, is a contractual term that provides, “any dispute arising under this contract shall be heard in the courts of the state of Colorado” valid? Answer:  These clauses, known as “forum selection clauses” are generally enforceable in Texas so long as certain conditions are met. The purpose of enforcing these clauses is to protect the legitimate expectations of the contracting parties and to further the interests… Read More →

Questions from Tiffany’s Desk: How Do I Select an Attorney?

People frequently ask my advice on how to select an agricultural law attorney.  Having been in private practice for four years, I understand the importance of finding the right attorney for your legal issue. Importantly, there is no one-size-fits-all plan to selecting the right attorney for you, and, as you might expect, the right attorney for one farmer’s issue may not be the right attorney for the farmer down the road.  Here are a few important points to consider when you are selecting an attorney. 1.  Can you have… Read More →

Happy Holidays!

Top 100 Legal Blog Award

I am excited and honored to announce that the Texas Agriculture Law Blog has been named a Top 100 legal blog by the American Bar Association.  To view the Top 100 list, click here.  Thank you to those who nominated us! Now, the competition continues.  The 100 winners have been divided into 13 separate categories.  This blog is in the “Niche” category.  The ABA is allowing people to vote for their favorite blog in each category and will name a winner for each in December. I need your… Read More →

Questions from Tiffany’s Desk: My Neighbor Wants to Build a Fence…

Question:  My neighbor wants to build a fence on the property line dividing our land because he wants to run cattle on his property.  I do not object to his desire to have livestock on his land or his building the fence.  He insists that I pay for half of the fence.  Do I have a legal responsibility to help finance this fence that will be built on the property line? Answer:  No, Texas case law makes clear that a landowner has no legal obligation to help finance… Read More →

New Mexico Green Chile Advertising Act

As a native New Mexican, the fall means that it is my favorite time of the year….green chile season.  My home state is famous for our flavorful green chile crop and for good reason! New Mexico recently passed an interesting law  to ensure that only green chile that is truly New Mexican may be advertised as such within the state.  This law illustrates the importance of this agricultural crop to the State of New Mexico and helps to ensure truth in advertising.  Because numerous other states have similarly… Read More →

Registration Open for the American Agricultural Law Association Annual Symposium

Attention to all you agricultural attorneys out there! The American Agricultural Law Association will be holding our annual AALA symposium in Albuquerque, New Mexico, October 19-21, 2014.  I’ve been attending this CLE for 5 years now and always find it very informative and a great opportunity to meet with ag attorneys from across the country. I am a member of the planning committee and can tell you that there are great sessions and presenters planned for the program, including topics like The 2014 Farm Bill, Water Law Hot… Read More →

ABA Blawg 100 Nominations

It’s that time of year again when the American Bar Association is seeking nominations to help it decide on the Top 100 law blogs (“Blawgs”).  The ABA is accepting nominations from now until August 8, 2014.  To nominate the Texas Ag Law Blog, just click here and fill out the quick nomination form. And for your reading pleasure, here are a list of the Top 100 Blawgs last year!

Follow Me on Twitter!

Just in case you want to have access to even more ag law news, I am now on Twitter!  Plus, they tell me I am limited to 140 characters, so I will have to be far more brief than I am on the Texas Agriculture Law Blog! I will be posting links to various ag law stories, keeping you up to date on my presentation schedule, and whatever else folks do on Twitter. You can find me here at @TiffDowell. Happy Tweeting!