Author Archives: tiffany.dowell

Questions from Tiffany’s Desk: How Can I Access Landlocked Property in Texas?

Question:  I own property that is landlocked–I’ve got no way to access my land from a public road without crossing over private property owned by someone else.  What can I do to access my property? Answer:  Despite many people thinking that landowners always have an automatic right to access their landlocked property, under Texas law, that is not always the case.  A landlocked landowner has a number of options to consider. Obtain an express easement from a neighbor.  Likely the easiest way to obtain access to landlocked property… Read More →

Texas Court Limits Width of Old, General Transmission Line Easement

A new case from the Texarkana Court of Appeals could prove extremely useful for landowners dealing with old, blanket easement agreements on their property.  In Sothwestern Electric Power Company v. Lynch, the court held that the general easement at issue, which was silent as to width, limited the allowable width of the easement to 30 feet, which was the width historically used by the transmission line company. [Read full opinion here.] Background Three landowners in Bowie County own land burdened by a utility easement held by Southwestern Electric Power… Read More →

July 13, 2018 Weekly Round Up

Happy Friday from the Panhandle!  This week I traveled to Lubbock to speak at the Plains Cotton Growers Board Meeting on legal issues surrounding pesticide drift.  I really enjoyed the conversations at that meeting and want to welcome any new readers joining us from that meeting. Here are some of the ag law stories in the news this week. * President Trump nominates Brett Kavanaugh.  On Monday, President Trump nominated Judge Brett Kavanaugh from the D.C. Circuit Court of Appeals.  [Read article here.] *President Trump pardons Oregon ranchers.  President… Read More →

Fall Ranchers Leasing Workshop Dates Set!

The Ranchers Leasing Workshop will be back this fall!  This free, award-winning program, made possible by grant funding from the Southern Extension Risk Management Education Center, focuses specifically on grazing, hunting, and livestock leases.  In the half-day seminar, participants will be able to ask questions,  interact with attorneys and economists, and will receive their own copy of the Ranchers’ Agricultural Leasing Handbook, which contains checklists and sample lease language.  Of the over 500 Texans who have participated in these programs over the past two years, 100% would recommend… Read More →

NM Land Commissioner Sues NM State Engineer Over Water Permits

A new water battle is brewing in New Mexico, but this time, it is between elected officials.  New Mexico State Land Commissioner, Aubrey Dunn, filed suit against the New Mexico State Engineer, Tom Blaine. [Read Complaint here.] The Land Commissioner is charged with jurisdiction over state trust lands to generate support for public schools and other state institutions.  In the Complaint, filed in the First Judicial District Court, the Commissioner asserts that he has “an interest in the appropriation of water on and off of state trust lands… Read More →

July 6, 2018 Weekly Round Up

I hope everyone had a safe and enjoyable Independence Day!  My family celebrated with a small town parade here in the Texas Panhandle, which our two little ones really enjoyed! Despite the day off, it has been a busy news week for agricultural law. *Concho River Watermaster warns permit holders that curtailments may occur.  The Concho Watermaster sent letters to water rights holders this week that if drought conditions persist and a senior water rights holder makes a priority call, curtailment could occur.  Further, the letter requires receiving approval prior… Read More →

Ranchers Leasing Webinar – August 2, 2018

For those of you interested in agricultural leases–grazing, hunting, and livestock–we are hosting a brief, one-hour webinar to answer some of the most common questions we get from landowners and producers related to these leases.  No fee and no registration required, just click here shortly before noon on August 2.  See you there!  

James v. Young: Are Landowners Liable for Horse Riding Injury to Child?

A recent case out of the Waco Court of Appeals, James v. Young, is the real-life version of many landowners’ nightmare.  When a six-year-old child fell off of a horse the landowners allowed him to ride, his parents filed suit.  Did the Farm Animal Liability Act apply to shield the landowners from liability? Background The James family and the Young family were friends.  One weekend, the two families were spending time at the Young ranch.  The mothers and two of the children rode horses while several of the men… Read More →

June 29, 2018 Weekly Round Up

Happy Friday!  My husband and I just returned from a little vacation in the California wine country.   Although we had a great time in Napa, I made sure to keep up with the ag law news this week so I could share some of the biggest stories with you all. *Justice Kennedy announces retirement.  Perhaps the biggest news this week was that US Supreme Court Justice Anthony Kennedy announced he will retire during the Court’s summer break.  Immediately, talk turned to speculation over who President Trump might… Read More →

Texas Agriculture Law Blog 5th Birthday!

Five years ago today, we launched the Texas Agricultural Law Blog.  I thought it was a good idea to help provide information to landowners and agricultural producers across Texas and the United States, but I never dreamed it would  have done as well as it has! Here are some of the numbers… –We’ve published 585 blog posts. –We have over 3,100 subscribers who receive every post we do via email. –Over the last 5 years, we’ve had over 1.16 million page views! –We’ve been named an American Bar… Read More →