Category Archives: Eminent Domain

July 19, 2019 Weekly Round Up

It’s been a busy week on the ag law front in Texas.  Here are some of the stories in the news this week. *Texas water battle featured in Wall Street Journal.  A water fight in Pecos County was featured in a Wall Street Journal article this week.  The article does a good job illustrating the tensions between landowners, agricultural producers, oil and gas companies, and Texas law.  [Read article here.] *New law allows killing feral hogs without hunting license.  As of September 1, 2019, no hunting license is… Read More →

June 28, 2019 Weekly Round Up

Happy Friday!  Today, I’m speaking in Crockett at our “Owning Your Piece of Texas: Top Laws Texas Landowners Need to Know” program.  You’ve only got two more chances to catch one of these free events–Cat Spring on August 26 and College Station on September 12.  For more info click here and to register click here. Here are some ag law stories in the news from the last couple of weeks. *Judge dismisses lawsuit challenging Kinder Morgan Permian Highway pipeline.  You may recall from this prior blog post that… Read More →

Texas Supreme Court Upholds Condemnation of Private Drive

The Texas Supreme Court recently upheld the condemnation of a private drive in a case that tested the scope of “public” use under the Texas Constitution and the meaning of Texas Government Code 2206, which prohibits taking private property for certain economic development purposes. Background KMS is a commercial real estate developer that owned a 9-acre, triangle-shaped, lot in the City of Rowlett.  Four commercial sites were built on the southern boundary of the tract.  As part of that development, KMS built a private driveway, allowing access to… Read More →

May 31, 2019 Weekly Round Up

We’ve reached the end of May…I’m not sure how time goes so quickly.  Here are a few ag law stories in the news recently. *Texas judge finds 2015 WOTUS Rule violated Administrative Procedures Act.  A federal judge here in Texas found that the 2015 WOTUS rule violated the Administrative Procedures Act.  Specifically, the judge found that the proposed rule, for which public comment was allowed, differed too greatly from the final rule.  In other words, because there were portions of the final rule that were significantly modified from… Read More →

April 19, 2019 Weekly Round Up

Happy Friday and Happy Easter!  Here are a few ag law stories in the news this week. *EPA Publishes “Interpretive Statement” on Applicability of Clean Water Act to Groundwater as Conduit.  You may recall from this prior blog post the legal issue surrounding groundwater as a conduit.  Basically, the question has arisen about whether the discharge of a point source pollutant into groundwater that is connected to a Water of the United States is withing the scope of the Clean Water Act.  The Environmental Protection Agency issued an… Read More →

April 5, 2019 Weekly Round Up

Happy Friday and Happy April!  It’s been a busy couple of weeks for me, with programs in Ft. Worth at the TSCRA Convention, Ranch Management University in College Station, online for a class at Mississippi State University, and the Lower Plains Crops Conference in Snyder.  Welcome to those of you joining from each of these programs. We’re glad you’re here! Here are some of the ag law stories in the news this week. *Texas Senate passes eminent domain reform bill. Yesterday, the Texas Senate passed SB 421, sponsored… Read More →

Recent Eminent Domain Podcasts & Resources

Eminent domain has been the hot topic in Texas recently.  With various projects from pipelines to roads to even a potential bullet train going on across the state, Texas landowners often find themselves in the crossroads of potential condemnation.  Recently, I’ve been interviewed for two podcasts and also recorded an episode for my own show with Lubbock-based attorney, Zach Brady.  I thought I would share these episodes with you all. (Just FYI–you can listen to each of these on your computer by just clicking on the links below. … Read More →

February 22, 2019 Weekly Round Up

Happy Friday and happy FFA week!  I, like many of you, credit FFA for so much of my success in my life and career.  I hope you take a moment to think back on what FFA has given  you and think about ways you might be able to give back to the organization. I also want to say a special welcome to those of you who are joining us after attending the Central Texas Farm Credit diner in Haskell this week.  It was an honor to speak with… Read More →

February 8, 2019 Weekly Round Up

Happy Friday!  I want to say a quick welcome to those of you who I met last week in East Texas when I spoke in Quitman, Hallsville and Kilgore.  We’re excited to have you here. Here are a few of the ag law stories in the news over the last couple of weeks. *MFP Program deadline sign up extended through February 14.  The deadline to signup for the Market Facilitation Program, frequently referred to as the tariff payment, at the FSA Office has been extended through February 14.  Then,… Read More →

Agricultural Tenants and Eminent Domain Proceeds

In Texas, a good deal of agricultural land is leased out to tenants that either farm or raise livestock on the land.  Recently, I’ve received a number of questions from agricultural tenants related to their rights in the event some portion of the leased property is impacted by eminent domain. A condemning entity, like a pipeline company, is required to pay just compensation in order to condemn the property needed for the project.  Just compensation is defined as the fair market value of the property at the time… Read More →