Monthly Archives: June 2016

Texas Supreme Court Addresses Nuisance Law

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Last week, the Texas Supreme Court issued its opinion in Crosstex North Texas Pipeline, L.P. v. Gardiner.  [Read full opinion here.]  In doing so, the Court took the much-needed opportunity to address and clarify the law of nuisance in Texas.  The 54-page opinion walks through a detailed discussion and analysis of nuisance law in Texas. Factual Background Crosstex operates a natural gas pipeline running from Tarrant County to Lamar County.  Along this route, in Denton County, Crosstex bought a 20 acre tract of land midway along the pipeline that… Read More →

Texas Landowner Liability Statutes

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Recently, I had the honor of speaking at the 10th Annual John Huffaker Agricultural Law Course.  This event, put on by the Texas State Bar, is a continuing education event for attorneys.  My task was to provide an overview of limited liability statutes in Texas.  Three statutes (Recreational Use Statute, Agritourism Act, and Farm Animal liability Act) offer limited liability to Texas landowners if the requirements are met.  It is critical that Texas landowners be aware of these statutes and seek to comply to protect their operations in… Read More →

June 17, 2016 Weekly Round Up

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It’s been a hot one around here this week!  Hope you all have a safe, cool weekend.  Here are some of the agricultural law stories in the news this week. * Texas Lawmaker Asks for Decision in Eminent Domain Authority for High Speed Rail.  State Representative Byron Cook is seeking an opinion from the Texas Attorney General as to whether Texas Central Partners, a private company planning a high speed train project from Dallas to Houston has eminent domain power for this endeavor.  In 2015, a Senate bill… Read More →

Unanimous Victory in United States Supreme Court for Landowners

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Last week, Chief Justice Roberts wrote a unanimous opinion in the case United States Army Corps of Engineers v. Hawkes, holding that landowners do have the right to challenge jurisdictional determinations by the EPA that water on their lands is governed by the Clean Water Act.  This decision is extremely important for landowners across the country.  [Read full opinion here.] Background The full factual background of this case was set forth in this prior blog post.  Essentially, the Corps of Engineers (COE) determined that waters on land owned by… Read More →

June 10, 2016 Weekly Round Up

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We have several new blog readers this week thanks to several presentations I’ve given recently.  Two weeks ago, I was in Lubbock for the 10th Annual State Bar of Texas John Huffaker Agricultural Law Course.  In my book, this is absolute must-attend for any agricultural law attorneys!  Kudos to course directors David Waggoner and Trace Blair for all of their hard work.  Last week, I traveled to Stillwater, Oklahoma and Ft. Worth, Texas for our Ranchers’ Leasing Workshops, funded by the Southern Extension Risk Management Education Center.  We… Read More →

Texas Supreme Court: Accommodation Doctrine Applies to Groundwater

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On May 27, 2016, the Texas Supreme Court issued its opinion in Coyote Lake Ranch, LLC v. City of Lubbock.  Many Texas agricultural and water law attorneys were in Lubbock attending the State Bar of Texas Agricultural Law Continuing Legal Education Seminar.  As soon as the opinion was released, you should have seen everyone scurrying around! This case (on which I have previously blogged here) is extremely important for Texas landowners and groundwater owners.  For the first time, the Texas Supreme Court announced that the accommodation doctrine, previously applied… Read More →

Private Property Rights on the Ranch

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I recently wrote an article for Progressive Cattleman Magazine looking at legal options for producers who face trespassers or people seeking employment using false credentials to gain access to agricultural facilities.  This is certainly an important issue for our industry, and being aware of our rights, potential legal claims, and training to ensure careful animal handling policies is key. To read my article, click here.