Monthly Archives: August 2019

Court Determines Meaning of “Oil and Gas” in Century-Old Pipeline Easement

The Fourteenth Court of Appeals in Houston recently issued an opinion in Texan Land and Cattle II v. ExxonMobil Pipeline Co., a case involving a dispute over the meaning of the words “oil and gas” included in a 1919 pipeline easement agreement.  This case is a good reminder for landowners about the importance of drafting detailed easement agreements and the long-lasting effects these easements can have on property. Background Texan Land and Cattle (TLC) own a piece of land in Harris County.  In 1919, the prior owner of the… Read More →

New Statutory Requirements for Wind Leases in TX Effective September 1

As of September 1, 2019, Texas law will impose requirements for wind lease agreements to contain language whereby the wind farm operator agrees to remove its materials at the end of the lease, and provides a financial assurance to support this obligation.  These terms are required in every wind lease signed after the effective date and may not be waived by the parties. Key Stats House Bill 2845 modified the Texas Utilities Code by adding Section 301.0001, titled “Wind Power Facility Agreements.” [Read bill text here.]  The bill… Read More →

August 2, 2019 Weekly Round Up

Welcome to August!  I’m not sure how the summer has flown by, but here we are.  These are a few of the ag law stories in the news this week. *Second round of Market Facilitation Program payment rates announced.  Last week, the USDA announced payments for round 2 of the Market Facilitation Program.  These payments are designed to provide assistance to farmers of commodities impacted by “unjustified foreign retaliatory tariffs, resulting in the loss of traditional export markets.”  Payment rates have been set per county for qualifying crops. … Read More →