Category Archives: Eminent Domain

Eminent Domain in Texas: A Landowner’s Guide

Eminent domain is one of the most controversial issues facing Texas landowners.  The key to protecting one’s property is to understand a landowner’s rights, to be familiar with the condemnation process, and to know what steps to take when facing a taking of private property. In order to help educate landowners, I am thrilled to announce my latest handbook, Eminent Domain in Texas: A Landowner’s Guide, is now available.  It is my hope that this handbook will help educate and empower landowners to make the best decisions they can… Read More →

Texas Supreme Court Reverses Ruling for Landowner in Easement Width Case

The Texas Supreme Court recently reversed two lower court decisions in Southwestern Electric Power Co. v. Lynch, involving a question of the allowable width of a general easement.  Although both the trial court and appellate court sided with the landowner and would limit the width of the easement, the Supreme Court disagreed and ruled in favor of the transmission line company, refusing to limit the allowable width of the general easement. Background Three landowners in Bowie County own land burdened by a utility easement held by Southwestern Electric… Read More →

February 14, 2020 Weekly Round Up

Happy Valentine’s Day!  Here are some of the ag law stories in the news this week. *USDA unveils two new risk management options for hemp producers.  For producers considering hemp production, there are now three potential risk management tools available.  Nationwide, producers will be able to enroll in the Whole Farm Revenue Protection program or the Noninsured Crop Disaster Assistance Program (NAP) program. In 21 states, producers may take part in a multi-peril crop insurance pilot program.  Texas is not one of the states where this is available…. Read More →

October 18, 2019 Weekly Round Up

It’s time for another ag law weekly round up! I’d like to be sure and welcome those of you joining us from recent programs I spoke at in Brenham and College Station.  We’re glad you’re here. Here are some of the stories in the news over the past couple of weeks. * Kinder Morgan & City of Kyle settle lawsuit over ordinance preventing Permian Highway pipeline. You may recall from this prior post that the City of Kyle recently passed an ordinance requiring pipelines over 30″ in diameter to… Read More →

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 →

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 →

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. For a free PDF copy of the Owning Your Piece of Texas handbook, click here.  To order a hard copy, contact Lacrecia at Lacrecia.Garza@ag.tamu.edu. Here are some ag law stories in the news… 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 →