Category Archives: Eminent Domain

2021 Year in Review – Texas

2021 was another big year in the agricultural law world here in Texas.  From key legal decisions to new laws passed during the legislative session, there was no shortage of information to discuss in this year in review.  As you will see, many of the key updates involve actions taken by the Texas Legislature.  To read in more detail about the key bills for agriculture this session, click here to read a blog post and here to listen to a podcast episode with J Pete Laney. Texas Farm… Read More →

January 7, 2022 Weekly Round Up

Welcome to our first Weekly Round Up of the year.  Here are a few of the ag law stories in the news over the past several weeks. *State of Texas files amicus brief supporting landowner in Texas Central Railway case.  The State of Texas has filed an amicus brief on the side of the landowner in Texas Central Railroad & Infrastructure v. Miles, a lawsuit challenging Texas Central Railway’s use of eminent domain power.  [Read prior blog post here.]  The State’s briefing supports the landowner’s argument that Texas… Read More →

November 12, 2021 Weekly Round Up

Welcome to another agricultural law weekly round up.  Here are some of the stories in the news over the past couple of weeks. *PRF (Rainfall Insurance) deadline is December 1 for 2022 sign up.  Did you know you can purchase rainfall insurance?  Essentially, PRF insurance allows you to insure a percentage of normal rainfall for your area, and you trigger a payment if rainfall falls below your insured percentage.  This can be a great risk management tool for livestock producers who have cattle or other livestock on grass. … Read More →

July 2, 2021 Weekly Round Up

It has been a busy couple of weeks in the agricultural law world.  Here’s a recap of some of the biggest stories. * Texas Supreme Court will not hear Texas Central Railway eminent domain case.  The Texas Supreme Court has declined to hear an appeal in Miles v. Texas Central Railroad & Infrastructure.  This denial leaves in place the Corpus Christi Court of Appeals ruling that Texas Central is considered a “railroad company” and an “interurban railroad,” thereby giving it eminent domain power to condemn land for the high… Read More →

April 23, 2021 Weekly Round Up

Happy Friday!  It’s sure been a week around here.  I hope we all get some rest this weekend. Here are some of the ag law stories in the news the past couple of weeks. *Important property tax deadlines coming up for rural Texas landowners.  Many property tax deadlines are coming up, requiring that paperwork be submitted by rural landowners to County Appraisal Districts before May 1.  This includes the deadline to submit an open space valuation application and a wildlife management valuation application.  Keep in mind, anyone who… Read More →

2020 Agricultural Law Year in Review – Texas

If you missed our National Year in Review post, click here.  I am not sure I can remember a year with more agricultural law-related opinions being issued by Texas appellate courts. From fence law to eminent domain, hemp to liability, here are some of the biggest legal stories of 2020 from the Lone Star State.   Dicamba Registration Vacated, New Registration Issued, Lawsuit Filed Although this is a national issue, and we addressed it in more detail on our National Year in Review post, because it had such… Read More →

October 9, 2020 Weekly Round Up

Happy Friday!  I’m here to get you caught up on some of the major agricultural law stories in the news over the past couple of weeks. *SCOTUS hears oral argument in Texas v. NM water law case in Pecos River dispute. Texas v. New Mexico was on the docket to kick off the United States Supreme Court term this week.  This case, involving a dispute over the Pecos River between Texas and New Mexico, is the first time the Justices will rule on a decision made by a… Read More →

September 11, 2020 Weekly Round Up

Happy Friday!  We’ve had quite the cold snap come through the Texas Panhandle this week–when I was feeding on Wednesday morning, it was a brisk 36 degrees!  Here’s wishing everyone a big of a warmer weekend. Here are some of the ag law stories over the past couple of weeks. *Court dismisses western cattle groups lawsuits against NWPR Rule.  An Oregon federal court has dismissed a lawsuit filed by the Oregon Cattlemen’s Association, Washington Cattlemen’s Association and New Mexico Cattle Growers Association challenging the Navigable Waters Protection Rule,… Read More →

Win for Texas Landowner in Pipeline Condemnation Appeal

Recently, the First District Court of Appeals in Houston sided with a landowner who challenged the eminent domain authority of a pipeline company seeking to condemn property.  The case is important for landowners and helps to further flesh out the facts that a pipeline company must be able to show in order to be a “common carrier” and illustrates some considerations in proving fair market value.  [Read full opinion here.] Background  The Hlavinkas own 15,000-16,000 acres of land in Brazoria County, which they purchased in 2002 for the… Read More →

So Many New Opinions!

Over the last month, there have been a large number of agricultural-related opinions released here in Texas.  I plan to blog on each of these individually, but many of you have asked for some basic information about several of the opinions.  Today, I will be giving brief summaries of the cases and links to read the full opinions for those of you who may be interested in doing so.  Stay tuned over the next couple of months to see much deeper dives into the decisions in each of… Read More →