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Category Archives: Landowner Liability
October 17, 2014 Weekly Round Up
Thank you all for your kind words after my big announcement last week. I am happy to report that I am settled into my new office in Amarillo and back at it. Yesterday, I had the chance to present on water law for the Big County Master Naturalists group in Abilene via webcam. Welcome to those of you visiting the blog from that event! Here are some of the ag law stories in the news this week. Video Addresses Proposed Water Pipeline Project. The Texas Tribune put together a… Read More →
Custom Farming Operations Should Consider Limiting Liability with Business Entity Selection
With the fall comes harvest time, which means we’ll be seeing more combines in the fields. One of my favorite sights! Custom harvesting can be a great business venture for folks involved in agriculture as it can allow farmers to earn supplemental income using knowledge and equipment they already have from their own operations. Farmers engaged in custom harvesting for others, however, should consider creating a separate business entity that will not only limit liability for their custom harvesting operation, but will also ensure that their own farm assets are protected in… Read More →
Texas Supreme Court Sides with South Texas Ranch in Wrongful Death Lawsuit
The Texas Supreme Court recently considered the duty of a landowner and his employees with regard to people trespassing on the property. The Boerjan v. Rodriguez decision affirmed that a landowner or occupier of land owes only a limited duty not to intentionally injure a trespasser. This case was closely followed by a number of agricultural interest groups in Texas and provides important information for landowners who confront trespassers on their property. [View opinion here.] Background In this case, a family (father, mother, and child) from Mexico hired a driver to provide transportation… Read More →