Category Archives: Eminent Domain

July 2, 2021 Weekly Round Up

Posted on by

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

Posted on by

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

Posted on by

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

Posted on by

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

Posted on by

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

Posted on by

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!

Posted on by

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 →

Appellate Court Finds High-Speed Rail Meets Required Definitions for Eminent Domain Authority

Posted on by

A recent decision, Texas Central Railroad & Infrastructure v. Miles,  from the Corpus Christi Court of Appeals  garnered substantial media coverage.  Are the companies proposing Dallas-to-Houston high-speed rail, Texas Central Railroad & Infrastructure, Inc. (TCRI) and Integrated Texas Logistics (ITL), considered “railroad companies” or “interurban electric railways”  such that they have eminent domain power? [Read full opinion here.] Background  This case revolves around the proposed high-speed electric-powered passenger train that would run between Dallas and Houston. In 2012, TXHS Railroad, Inc. was formed and in 2015, the company changed… Read More →

May 15, 2020 Weekly Round Up

Posted on by

Happy Friday!  It’s been a busy couple of weeks on the ag law front.  Here are some of the cases in the news. *Appellate court finds Texas Central Railroad is a “railroad company” and an “interurban electric railway.”  One of the main legal battles over the proposed high speed rail project in Central Texas has been whether the builder, Texas Central Railroad & Infrastructure, Inc. qualifies as a “railroad company” or an “interurban electric railway.”  If so, the company would likely be entitled to use eminent domain to… Read More →

March 20, 2020 Weekly Round Up

Posted on by

Well…a lot has happened since our last Weekly Round Up.  Currently, all of my programs scheduled through March 31 have been postponed, including our Ranchers Leasing Workshop in Abilene.  We have also postponed our Ranchers Leasing Workshop scheduled in La Vernia.  I will ensure that my “Upcoming Presentations” page remains up to date, so to check on the status of any program, click here.  We are working on some online programs, including our online Ranchers Leasing Workshop which is now available! [Click here for online workshop.] Here are… Read More →