Category Archives: Fence Law

Court Addresses Property Line Dispute Involving Fence and 100-Year Old Agreement

The El Paso Court of Appeals recently considered Eggemeyer v. Hughes, a case involving a disputed boundary line.  At issue was a 100-year old agreement regarding the proper boundary line that referred to certain mesquite trees and rock piles, a fence line drawn on a decades-old survey, and the ownership of 90 acres of land.  [Read opinion here.] Background This case involves a dispute over a fence in Reagan County depicted in the 1939 survey map below.  Hughes owns Section 7 and Section 8.  The Eggemeyers own Sections 3… Read More →

Fence Law Webinar and Interview

Fence law is one of my favorite topics.  If you own or lease land, this is likely a topic that interests you as well!  I’ve recently had a couple of opportunities to chat about fence law and I wanted to share those with you. First, I was invited to present on Texas Fence Law for the TAMU AgriLife Extension Range Webinar Series.  This presentation focuses specifically on fence law in the Lone Star State.  To watch, click here. Second, I was a guest on my friend Cari Rincker’s… 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 →

August 14, 2020 Weekly Round Up

Happy Friday!  It has been a busy few weeks for me. I want to welcome those of you joining from the Beef Cattle Short Course presentation last week.  Here are some of the ag law stories in the news this week. *CFAP program expanded, deadline extended.  The USDA announced this week that there have been additional commodities added to the Coronavirus Food Assistance Program.  Most notably, all sheep will now qualify for payment, while previously it was only lambs under 2 years of age.  For sheep producers, the payments… Read More →

Questions from Tiffany’s Desk: What About Those County Roads with the Cattle Guards?

Question:  I live in a county with a stock law, so a livestock owner may not “permit” livestock to run at large.  There are several county roads that run through a pasture with cattle guards at both ends that are not fenced.  Are those livestock owners violating the local stock law? Answer:  This is a question I’ve gotten from several folks all across the state, including landowners and even a county judge.  Although it seems that those landowners allowing cattle to be on the county road would be… Read More →

TX Attorney General Opinion: Estray Laws Apply in All Counties

Texas Attorney General, Ken Paxton, issued an opinion in December on an interesting issue related to fence law.  Do the statutory estray laws apply in both open and closed range counties?  According to the Attorney General, he believes that Texas courts would rule that estray laws apply in all counties, whether open or closed range.  [Read full Opinion here.] Legal Background There are several legal issues important to understanding the AG’s Opinion. Open versus closed range: There are generally two approaches to Texas fence law: open range and… Read More →

TX Supreme Court Sides with Bull Owner in Fence Law Case

The Texas Supreme Court has issued an important opinion in a much-watched fence law case from Wilson County involving a collision between a vehicle and a bull.  The Pruski v. Garcia opinion is favorable for livestock owners in much of the state. [Read full opinion here.] Background Plaintiff, Mr. Garcia, was injured when his vehicle struck a bull on State Highway 123 in Wilson County.  Ms. Pruski (Defendant) owned property abutting the road that was enclosed by a six-strand barbed wire fence.  Pruski also owned the bull that escaped,… Read More →

December 6, 2019 Weekly Round Up

Happy December!  It’s hard to believe we are already into the last month of the year.  I’ve presented in several locations recently, so welcome to all of you joining us from Val Verde County, Swisher County, and Goliad County. Here are a few of the top ag law stories in the news from the past couple of weeks. * Texas High Plains agriculture publications released.  Several of my colleagues were involved in drafting and publishing two new publications: The Impact of AgriBusiness in the High Plains Trade Area and… Read More →

July 12, 2019 Weekly Round Up

Happy Friday!  Here are some of the ag law stories in the news recently. *Texas Supreme Court grants petition for review in Garcia v. Pruski.  As you may recall from this prior post, the San Antonio Court of Appeals issued a ruling in a fence law case involving a bull out on a State Highway in Wilson County, which has a local stock law.  The appellate court found that both the “knowingly permit” standard applicable to state and US highways and the “permit” standard applicable in Wilson County pursuant to… Read More →

Attorney General Opinion Sought in Fence Law Issue

Representative Poncho Nevarez has filed a request for an Attorney General Opinion to provide guidance on how stray livestock should be handled in an open range county. [Read request here.]  This is an issue not previously addressed by a Texas appellate court, on which there is a good deal of confusion, and on which I receive a lot of questions.  It will be very interesting to see what opinion the AG offers. Legal Background Presidio County, Texas is open range.  The county has never passed a local stock… Read More →