Monthly Archives: March 2014

Eminent Domain in Texas (Part 3) – Oil and Gas Pipelines

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*This article is not a substitute for the advice of an attorney.* Today we continue on with Part 3 in the Eminent Domain Texas series.  Click here if you missed Part 1 or Part 2. Due to the increase in Texas oil production over the past few years, the number of pipelines necessary to transport product has greatly increased and resulted in oil and gas pipeline companies seeking easements from landowners.  As of November 2012, there are 366,274 miles of pipelines crisscrossing the state of Texas.   As oil production continues to… Read More →

March 28, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* I have been traveling a lot of miles lately speaking at various extension programs across Texas.  Last week I was in West Texas where I spoke at three great presentations in Rankin, Big Lake, and Van Horn.  This week I’ve been in Bell County and in Canton speaking at cattlemen’s conferences.  Welcome to the new readers from these presentations!  Here are a few ag law stories making the news over the last couple of weeks. *Texas… Read More →

Eminent Domain in Texas (Part 2) – Condemnation Proceedings Step by Step

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*This article is not a substitute for the advice of an attorney.* We are continuing on in our multi-part series regarding eminent domain in Texas. Please feel free to read Part 1 here  if you missed that post. Today’s blog provides the basic information about the rules governing condemnation proceedings in Texas and includes links to the applicable statutory provisions where possible.  Condemnation proceedings have very different procedures than other civil cases.  It is important for landowners to understand the condemnation process in case they ever find themselves faced with a… Read More →

New York Times Article Highlights Water Disputes Across the West

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*This article is not a substitute for the advice of an attorney.* On Sunday, the New York Times ran an excellent article outlining the ongoing disputes over water across the West.  [Read article here.]  The article covered disputes–many between urban and rural interests–across Texas, Colorado, Nevada, California, and Arizona. Specifically, with regard to Texas, the article went into detail about the Texas Farm Bureau v. TCEQ litigation involving a priority call on the Brazos River.  A quote from Mumford-area farmer Frank DeSefano sums up the feelings of many farmers, “I understand… Read More →

Eminent Domain in Texas (Part 1) – What Is It?

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*This article is not a substitute for the advice of an attorney.* Today we will kick off a four-part blog series on eminent domain in Texas.  The purpose of this series is to provide landowners with basic information about the power of eminent domain, to explain the procedures surrounding condemnation proceedings, to specifically discuss eminent domain as it relates to oil and gas pipelines, and to provide a list of terms to consider when negotiating a pipeline easement.  The series will be posted every Monday for the next month. Today,… Read More →

March 14, 2014 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** Things have been busy around here!  Last Friday, I headed to Fredericksburg to speak at the New Land Owner Series put on by the Gillespie County Extension Office.  There was a great turn out and the participants asked wonderful questions.  Welcome to those of you who are new to the blog from that presentation.  Yesterday, I presented at a webinar along with Texas A&M alum and New York City attorney Cari Ricker discussing agricultural leases.  There… Read More →

Court of Appeals Decision Illustrates Importance of Royalty Language

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**This article is not a substitute for the advice of an attorney.** Chesapeake Exploration, L.L.C. v. Hyder, decided by the San Antonio Court of Appeals last week, highlights the importance of royalty language in an oil and gas lease.  [Read full opinion here.] Background The lawsuit was filed by a group of royalty and overriding royalty holders who were party to a mineral lease with Chesapeake.  These royalty and overriding royalty owners alleged that Chesapeake breached the lease terms by impermissibly charging certain costs to royalty owners. The lease at issue was… Read More →

March 7, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* Here are a look at some of the ag law stories making news this first week of March. *United States Sides with Texas in Water Dispute against New Mexico, Seeks to Join Suit.  Last week, the Solicitor General, on behalf of the United States, filed a Motion for Leave to Intervene as a Plaintiff in the Supreme Court case pitting Texas against New Mexico in a battle over water in the Rio Grande.  The Solicitor General echoed the… Read More →

February 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* As you may have noticed, weekly round ups have been missing for the past couple of weeks.  I hope to continue the weekly updates of ag law news, and here is a list of major ag law stories that made the news in the month of February. *  Denton Residents Seek Signatures for Fracking Ban.  Citizens of Denton, Texas, seek to become the first city in the state to ban fracking within its bounds.  The Denton Drilling Awareness… Read More →

TCEQ Rejects Suggested Trigger Level for Release to Rice Farmers

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*This article is not a substitute for the advice of an attorney.* The TCEQ reached a somewhat surprising decision in the emergency request by the Lower Colorado River Authority seeking to withhold water from downstream users, including many rice farmers, unless the Highland Lakes near Austin reached 1.1 million acre feet.  Instead of adopting a certain trigger point at which water can be released, the TCEQ decided that it was best to prevent the release of irrigation water for now, but to revisit the issue in the next few months. … Read More →