Monthly Archives: January 2019

Questions from Tiffany’s Desk: Eminent Domain and the Right to Survey

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Question:  If a company with eminent domain power has contacted me about obtaining an easement across my property and now wants access to survey, can I keep them off of my land? Answer:  No. In Texas, courts have held that by granting condemning entities the right to condemn land, this includes the right to enter onto the property to conduct surveys to select lands to be acquired.  Of course, this means that surveys may be conducted prior to the property actually being condemned. “Ancillary to the power of… Read More →

January 25, 2019 Weekly Round Up

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Hello there!  I’m not sure how it happened, but the month of January got away from me and I apologize for the lack of Weekly Round Up Posts.  Several readers have contacted me to ask if I would be continuing these and the answer is yes, but they will likely be bi-weekly.  Thank you for your kind comments about how you enjoy these posts. So far, January has been a fun month with several speaking events.  I kicked things off lecturing at the King Ranch Institute for Ranch… Read More →

“Ag Gag” Litigation Update

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**UPDATE:  In February, 2019, Iowa announced it will appeal the trial court decision.** From a recent finding of unconstitutionality in Iowa, to an award of attorney’s fees in Idaho, to a new legal challenge in Kansas, “ag gag” laws have continued to be in the news recently.  Let’s take a look back at recent legal decisions and where pending litigation currently stands. Background “Ag gag” laws are generally designed to prohibit a person from entering an agricultural operation without permission or by fraudulent means and obtaining video or… Read More →

Texas Case Offers Good Analysis of Enforceability of Liability Release

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One way that Texas landowners can protect themselves from liability is to ensure that guests sign liability waivers before engaging in certain activities.  For example, oftentimes hunters that plan to hunt on the property of another are asked to sign a liability waiver (also called a release of liability).  A recent Texas case, Quiroz v. Jumpstreet8, Inc., the court addressed whether a liability waiver was valid when a plaintiff was injured at a trampoline park.  The court addressed several issues, including the question of whether a release can… Read More →

2018 Year in Review – Texas

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*If you missed our 2018 Year in Review post focusing on the national level, click here.* As compared to the national year in review, things were a bit quieter this year here in Texas.  That said, there were a few important cases decided in 2018 that I want to highlight and bring to your attention. Court addresses applicable standard when bull is hit on the highway. In Garcia v. Pruski, an important case out of Wilson County, the San Antonio Court of Appeals addressed legal issues related to a… Read More →