Category Archives: Fence Law

October 5, 2018 Weekly Round Up

Welcome to this week’s round up post.  I hope everyone has a wonderful weekend!  Here are some of the agricultural law stories in the news this week. *Environmental groups file suit against EPA regarding air emissions reporting for agriculture.  This is a continuation of an issue we’ve been watching for several years.  You may recall that back in April of 2017, a federal court ruled that animal agricultural operations were required to report air emissions to federal authorities under the federal CERCLA and EPCRA statutes.  Then, in April of this… Read More →

Texas Appellate Courts Analyze Fence Law Cases (Part II)

This week, we are continuing this blog series with the second recent fence law case released by a Texas court.  If you missed Part I discussing Dearbonne v. Courville, click here. Today, we will focus on an opinion from the San Antonio Court of Appeals in Garcia v. Pruski, a case involving a motorist colliding with a bull on the highway.  [Read full Opinion here.] Background Plaintiff, Mr. Garcia, was injured when his vehicle struck a bull on State Highway 123 in Wilson County.  Mr. Pruski (“Defendant”) owned property abutting the… Read More →

Texas Appellate Courts Analyze Fence Law Cases (Part I)

Fence law was the topic of two recent opinions issued by appellate level courts in Texas.  Today, we will look at Dearbonne v. Courville a case out of Jefferson County, followed next week by a case out of Wilson County.  Both cases illustrate real-life situations involving fence law and offer differing approaches to the legal analysis of whether landowners can be liable for animals hit on the roadway. Background  The Beaumont Court of Appeals recently decided Dearbonne v. Courville. [Read Opinion here.]  In this case, the plaintiffs were injured when their vehicle… Read More →

Texas Removal Fence Statute

Suppose I purchased land in Texas and there was a barbed wire fence on the property line dividing my neighbor’s land and my own.  Could I remove or replace that boundary fence?  If I had fences on my property that attached to that boundary fence, would I be allowed to remove those adjoining fences? There is actually a Texas statute that provides requirements for a landowner seeking to remove certain fences on his or her own property.  The “Removal of Adjoining Fences” statute, Texas Agric. Code Sections 143.121-.123,… Read More →

August 10, 2018 Weekly Round Up

I’m back from a great time in College Station at the TAMU Beef Cattle Short Course.  It’s an excellent event and is attended each year by over 2,000 cattle producers.  I spoke three times on various agricultural law issues and had a great time.   Welcome to those of you joining from BCSC.  To read more about this event, click here. Here are some of the ag law stories in the news this week. * NM State Engineer dismisses groundwater pumping permit for San Augustin Ranch.  For years, I’ve… Read More →

Texas Attorney General Opines on Fannin County Fence Law

Fannin County residents have had an ongoing disagreement about whether the county is closed range or open range.  The District Attorney, Richard Glaser, sought an opinion from Texas Attorney General Ken Paxton to answer this question. As Mr. Glaser explained, “In what has recently become an annual Fannin County tradition, this office has been repeatedly asked whether Fannin County is currently an open- or closed-range county.” According to Mr. Paxton’s opinion, Fannin County is, indeed, a closed range county and livestock owners may not allow their animals to… Read More →

Texas Fence Law Webinar – Recording Posted

For those of you who may have missed the Texas Fence Law webinar hosted a couple of weeks ago by the Texas and Southwestern Cattle Raisers Association, we’ve got you covered!  Stacy Fox was kind enough to record the presentation given by Jim Bradbury and me and it may be viewed by clicking here. I’d like to thank Stacy, Tim, and everyone at TSCRA for hosting this webinar and for their interest in our fence law book, Five Strands: A Landowner’s Guide to Fence Law in Texas To… Read More →

Five Strands: A Landowner’s Guide to Fence Law in Texas

Is a landowner liable of his cattle get out and are hit on the road?  Can I make my neighbor chip in and and pay for repairs to our shared boundary fence?  What do I do when someone else’s cattle are on my land?  What can I do about my neighbor’s tree limbs hanging over the fence and onto my property? These are the types of questions that Jim Bradbury, Kyle Weldon, and I set out to answer in our most recent publication, “Five Strands: A Landowner’s Guide… Read More →

Questions from Tiffany’s Desk: What Are the Stray Livestock Rules?

Question:  What are the rules if stray livestock shows up on my property?  Can I keep them? Answer:  The popular adage “finders keepers, losers weepers” may apply on the playground, but it does not apply when it comes to stray livestock. The Texas Agriculture Code, Chapter 142 deals with procedures regarding stray livestock, exotic livestock, bison, and foul.  The rules apply not only to the owner of the land on which the strays have wandered, but also to a lessee, occupant, or caretaker of such land. Reporting Stray… Read More →

June 10, 2016 Weekly Round Up

We have several new blog readers this week thanks to several presentations I’ve given recently.  Two weeks ago, I was in Lubbock for the 10th Annual State Bar of Texas John Huffaker Agricultural Law Course.  In my book, this is absolute must-attend for any agricultural law attorneys!  Kudos to course directors David Waggoner and Trace Blair for all of their hard work.  Last week, I traveled to Stillwater, Oklahoma and Ft. Worth, Texas for our Ranchers’ Leasing Workshops, funded by the Southern Extension Risk Management Education Center.  We… Read More →