Monthly Archives: October 2018

Death of Ranch Hand Raises Important Legal Issues

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**UPDATE:  On December 13, 2019, the Texas Supreme Court granted the petition for review.  Oral argument is scheduled for January 30, 2020.** A recent opinion in Zuniga v. Waak from the Houston (1st Dist.) Court of Appeals raises important issues regarding Texas law related to agricultural operations.  First, the case addresses the scope of the Texas Farm Animal Liability Act when an employee is injured.  Second, the case illustrates important considerations with regard to workers compensation insurance coverage.  [Read Opinion here.] Background Defendants own a ranch in Fayette County where… Read More →

Texas Landowner Lien for Damaged Fence

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Assume that a landowner has pasture that abuts a highway.  The landowner has a solid barbed-wire fence to keep his livestock on his property.  One night, a car accident occurs and a motorist crashes through and causes significant damage to the landowner’s fence. With costs to repair barbed wire fences in the Panhandle averaging $10,000/mile, a vehicle damaging a landowner’s fence can be a serious economic hardship on the landowner.  Can the landowner take action to recover the cost of repair from the motorist? Yes, based upon a… Read More →

Questions from Tiffany’s Desk: Where Can I Get Those Agritourism Act Signs?

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Question:  Where can I get those Agritourism Act signs? Answer: Since the Texas Agritourism Act was passed by the Legislature back in 2015, I’ve been traveling the state talking to landowners about the limited liability protections this statute offers to them. [Click here for more background on this statute.] One way to receive this limited liability is for a landowner to hang up a specific Texas Agritourism Act sign on his or her property.  The sign must be hung at a place clearly visible at or near where the… Read More →

October 5, 2018 Weekly Round Up

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Welcome to this week’s round up post.  I hope everyone has a wonderful weekend!  Here are some of the agricultural law stories in the news this week. *Environmental groups file suit against EPA regarding air emissions reporting for agriculture.  This is a continuation of an issue we’ve been watching for several years.  You may recall that back in April of 2017, a federal court ruled that animal agricultural operations were required to report air emissions to federal authorities under the federal CERCLA and EPCRA statutes.  Then, in April of this… Read More →

Final Ranchers Leasing Workshop of 2018

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Ranchers Leasing Workshop is now available on demand to be taken anytime at your own pace. To register click here. Hey Chip and Joanna Gaines, we’re headed to your neck of the woods! We are excited about our final Ranchers Leasing Workshop event of 2018 that will take place in Waco on November 8, 2018. These workshops have been wildly popular over the last two years around Texas.  Every single one of the over 700 attendees said they would recommend this program to a friend. Plus…it’s free and… Read More →

Texas Appellate Courts Analyze Fence Law Cases (Part II)

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*UPDATE In January 2020, the Texas Supreme Court reversed.  To read a blog post on that Opinion, click here. This week, we are continuing this blog series with the second recent fence law case released by a Texas court.  If you missed Part I discussing Dearbonne v. Courville, click here. Today, we will focus on an opinion from the San Antonio Court of Appeals in Garcia v. Pruski, a case involving a motorist colliding with a bull on the highway.  [Read full Opinion here.] Background Plaintiff, Mr. Garcia, was injured… Read More →