Monthly Archives: April 2014

Texas Jury Awards $3 Million to Landowners

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A recent Texas jury verdict has received national attention.  Last week, a 6-person Dallas County jury awarded $2.9 million to landowners who claim injuries from drilling and production of natural gas in the Barnett Shale.  The case, Parr v. Aruba Petroleum, is reported to be the first verdict of its kind in the United States. The plaintiffs owned 40 acres of land near Decatur, Texas.  Aruba Petroleum, an oil and gas production company, drilled 22 wells within two miles of the plaintiffs’ property.  Plaintiffs claim that the production caused a… Read More →

Free Webinar on Texas Water Law

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On Thursday, May 1, 2014, the Texas A&M Agrilife Extension Service will be offering a free webinar on Texas water law.  The webinar, presented by Professor Ron Kaiser, will discuss the basic law surrounding surface and groundwater in Texas.  The webinar will begin at 12:00 noon and last one hour.  For more information, click here.  

New Mexico Attorney General Opinion Concerns Landowners

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*This article is not a substitute for the advice of an attorney.* Earlier this month, New Mexico Attorney General Gary King issued an opinion that has raised praise from wildlife groups and concern from private landowner groups across the state.  The opinion was issued in response to the following question:  May a private landowner exclude others from fishing in a public stream that flows across the landowner’s property? “No,” was King’s answer, “[a] private landowner cannot prevent persons from fishing in a public stream that flows across the… Read More →

April 25, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* This week I was able to attend two county meetings and visit with folks about agricultural leases, oil and gas leasing, and pipeline easement negotiations.  Thanks to County Extension Agents Cooper Terrill in Falls County and Aaron Low in Cherokee County for the invitation and for putting together two great programs.  Welcome to the new blog readers who attended these meetings! There was a lot of ag law action going on across Texas this week.  Here are… Read More →

EPA’s Proposed Rule Defining “Waters of the United States” Causes Controversy

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*This article is not a substitute for the advice of an attorney.* In addition to my usual disclaimer, please not that I am not an expert on the Clean Water Act or the EPA’s regulations implementing the Act.  This blog is intended merely to highlight the current issue and provide basic information. The Environmental Protection Agency recently drafted a proposed rule defining “waters of the United States” with regard to its interpretation of the Clean Water Act.  This proposed amendment has caused a great deal of controversy. The Clean Water… Read More →

Important Victory for Texas Landowners in Eminent Domain Case

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*This article is not a substitute for the advice of an attorney.* A recent jury verdict in Johnson County, Texas illustrates an important point for landowners to understand when it comes to determining compensation for easements taken by eminent domain. Background In this case, the landowners owned a 400-plus acre parcel of land within the city limits of Mansfield, Texas, which is about 20 minutes outside of Ft. Worth.  Some of the land is commercially zoned and abuts Highway 287, making it prime property for commercial developers.  Peregrine Pipeline Co. (“company”) sought… Read More →

April 18, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* This week I attended the 2014 Texas Water Conference in Dallas.  Amber Miller, an attorney from Lubbock, and I spoke to a large group of folks on an important Texas water issue:  Where do water wells drilled for use in the fracking process fit under the Texas exempt well statute.  I’ll have a blog post up explaining this issue and why it is important for Texans in the near future.  For those of you joining the… Read More →

Texas Water Report

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*This article is not a substitute for the advice of an attorney.* Earlier this year, the Texas Comptroller’s Office put out the Texas Water Report.  This document provides a great overview of a variety of water issues currently going on in Texas.  It covers everything from current court cases to international treaty disputes to water ownership in Texas to the impacts of drought and the oil boom on water supplies.  If you are interested in Texas water issues, I would highly recommend reading over this report, which can… Read More →

April 11, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* I hope everyone had a fantastic week and has fun plans for the weekend!  This week I traveled out to Brownwood, Texas on Tuesday to give a presentation on agricultural leases, eminent domain, and pipeline easements.  A big thank you to Brown County Extension Agent Scott Anderson for putting this program together.  I enjoyed the chance to visit with several local landowners during and after the program, so welcome to those of you joining us from Brown… Read More →

Questions from Tiffany’s Desk: Where Can We Hear You Speak?

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*This article is not a substitute for the advice of an attorney.* Question:  We have read your blog and are wondering if you will be speaking in our area sometime soon.  Where can we hear you speak? Answer:  My absolute favorite part of working for Texas A&M Agrilife Extension is getting to go out and about around the state speaking at various programs!  Generally, I am asked to come to speak at a program by the County Extension Agent, who sets up the program and advertises it through various methods including… Read More →