Court Rules for Llama Owners in Lawsuit Involving Attack

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**This article is not a substitute for the advice of an attorney.** In November, the Illinois Court of Appeals granted summary judgment for defendants in a case involving a llama who attacked a high school student hired by the llama’s owners to work on their farm.  The result likely would have been different under Texas or New Mexico law. Background The plaintiff was hired by the defendants to work on their pet store and family farm.  Even after his employment ended, the plaintiff still periodically cared for the farm animals… Read More →

January 10, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* Last Friday I was able to speak at the Central Texas Cow/Calf Clinic at the Milano Livestock Exchange.  It was a great crowd and I enjoyed the chance to visit with them about the importance of written leases.  As a country girl myself with fond memories of going to the sale barn with my dad, I have to say that this was my favorite presentation location so far.  Welcome to the new readers from that presentation!… Read More →

Summary of Oral Argument in Environmental Processing v. F.P.L. Farming

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*This article is not a substitute for the advice of an attorney.* Today the Texas Supreme Court heard oral argument from counsel in Environmental Processing Systems, L.C. v. F.P.L. Farming LTD., which was discussed in detail on this blog on Monday.   Essentially the case involves a claim that waste water from an oil and gas operation that was injected in an underground disposal well on EPS’ property has migrated under the property of FPL Farming, causing subsurface trespass.   The case has been submitted to the Court for decision. The justices… Read More →

Breaking News: Proposed Horse Slaughter House to Sue New Mexico Attorney General for Slander

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*This article is not a substitute for the advice of an attorney.* Weeks after the New Mexico Attorney General filed suit in state court against Valley Meat Co. in Roswell, NM, seeking to prevent the slaughter house from slaughtering horses for human consumption, Valley Meats is fighting back.  The owners of the plant have notified the Attorney General that they intend to file suit against his office for slander, harassment, conspiracy, and abuse of process.  [Read article here.]  A copy of the Tort Claim Notice filed by Valley Meat… Read More →

Texas Supreme Court To Hear Landmark Underground Trespass Case This Week

*This article is not a substitute for the advice of an attorney.* On Tuesday, the Texas Supreme Court will hear oral arguments in Environmental Processing Systems, L.C. v. FPL Farming LTD., a landmark case involving the intersection of oil and gas production and private property rights.  The question facing the court is whether trespass can occur nearly 1 mile underground when waste water from oil production that is disposed of in an injection well migrates under the property of another landowner.  If you are interested, you may watch the argument online. Factual Background  In… Read More →

January 3, 2014 Weekly Update

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**This article is not a substitute for the advice of an attorney.** Happy New Year!  Here are some of the ag law stories in the news this first week of 2014. *EPA Appeals Alt Decision.  The EPA has filed an appeal to the United States Court of Appeals for the Fourth Circuit in Alt v. EPA.  As you read about on this prior blog, the trial court found that manure runoff from the Alt farm constituted agricultural storm runoff and, therefore, was not required to obtain a NPDES… Read More →

Most Popular Stories of 2013

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**This article is not a substitute for the advice of an attorney.** First off, we want to take the chance to thank all of Texas Agriculture Blog readers!  This blog began with zero readers or subscribers at the end of June.  Now, less than 6 months later, we have over 235 email subscribers and had over 1,800 readers last month.  We appreciate your support!  Please feel free to pass the website information on to others who might be interested. If you have any requests or suggestions for posts you would like to see… Read More →

Beaumont Court of Appeals Orders Landowner to Tear Down Gate

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**This article is not a substitute for the advice of an attorney.** Two weeks ago, the Beaumont Court of Appeals issued a decision in Emmons v. Badanfriouz, a case involving a dispute between neighbors about whether a gate could be erected by one neighbor across an easement.  This case provides insight for anyone entering into an express roadway easement as to key language that should be considered with regard to whether a gate may be build across the proposed easement. Background An express easement was granted by the Emmons’ predecessors in interest to the… Read More →

Merry Christmas from the Texas Agriculture Law Blog!

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Merry Christmas from the Texas Agriculture Law Blog!  I hope you are all enjoying time with your friends and family.  Weekly Round Up will be back next week.  For today, I will leave you with a newspaper clipping that I read earlier this week and really resonated with me.  I think you all will enjoy!

San Antonio Court of Appeals Considers Royalties from Horizontal Well

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**This article is not a substitute for the advice of an attorney.** Last Friday, the San Antonio Court of Appeals issued a decision in Springer Ranch, LTD . v. Jones, which involved the payment of royalties from a horizontal well.  Although the case is fact-specific based upon a specific contractual agreement between the royalty holders, it provides interesting insight into issues that arise due to the use of horizontal drilling. Background In 1956, a landowner held 8,545 acres in Webb and La Salle counties.  The landowner entered into a mineral lease with an… Read More →