Monthly Archives: November 2015

Questions from Tiffany’s Desk: Who Is Required to Maintain an Easement?

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Question:  I own property in Texas.  I previously granted a roadway easement to my neighbor so he can access his property to the west.  Who is required to maintain the easement, including both keeping up the roadway and mowing the grass and trimming the trees along the road? Answer: The first step in answering this question is to look at the terms of the easement itself if it is a written easement.  If there are any contractual terms in the easement agreement describing who is responsible for maintenance,… Read More →

ABA Blawg 100 Honoree

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For the second year in a row, the Texas Agriculture Law Blog was named a top 100 legal blog (“Blawg 100”) by the American Bar Association. According to the ABA, “for us, at the ABA Journal, this isn’t just another award. We view our annual list as service to our readers, pointing them to a collection of some of the very best legal writing and commentary on the Web. Yes, we hope those selected are proud of it. But we also hope that our readers will recognize the… Read More →

Cow v. Car: Could you be liable?

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Earlier this year, I wrote an article for Progressive Cattleman addressing the question of whether a livestock owner could face liability is his or her animals got onto the roadway and were hit by a motorist.  As with most legal questions, the answer is “it depends.”  To read my article, click here. For more information about the Texas law on this topic, check out a prior blog series I did on fencing laws.  You can find Part 1 here and Part 2 here.    

Farm Labor and I-9 Compliance

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Immigration is an extremely  hot topic in the news right now, and frankly a political issue I don’t want to touch with a 10 foot pole!   However, it is legally required for all employers, including all agricultural operations–be these large agribusinesses or small family farms–with at least one employee to comply with the form I-9 requirements.  I recently published a fact sheet discussing the requirements for employers with regard to I-9.  To access the fact sheet, just click here.  

September and October Round Up (Part 2)

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Today we continue our recap of important ag law stories that made the news in September and October.  If you missed Part 1 of this series, click here. Court of appeals affirms dismissal of nuisance suit against oil and gas company.  Landowners who filed a nuisance suit against Marathon Oil for odors, fumes, and dust related to oil production near their home were defeated in the San Antonio Court of Appeals earlier this month.  The Court held that the plaintiffs failed to prove causation between Marathon’s oil and gas production… Read More →

September & October Round Up (Part 1)

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Hello!  I am back in the saddle again after spending some time on maternity leave.  Thank you all so much for your kind wishes for our little family. During middle of the night feedings, I’ve managed to stay up to date on what’s been happening in the ag law world.  Here are some of the top stories from the last two months. WOTUS rule stayed nationwide, cases will not be consolidated.  As you previously read, the United States Court of Appeal for the Sixth Circuit has issued a… Read More →

Court Vacates Lesser Prairie Chicken Listing Under Endangered Species Act

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In September, the United States District Court for the Western District of Texas has found that the US Fish and Wildlife Service (“USFWS”) acted improperly in finding the lesser prairie chicken met the requirements to be listed as threatened under the Endangered Species Act.  The court, therefore, vacated the bird’s listing under the Act.  [Read full opinion here.] Endangered Species Act Background The Endangered Species Act (“ESA”) seeks to offer legal protection to species facing extinction by prohibiting a “take” of animals subject to the Act’s protection.  “Take” is… Read More →

Texas Farm Animal Liability Act (Part II): Examples and Advice

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In Part 1 of this series, I offered a detailed outline and explanation of the Texas Farm Animal Liability Act (“the Act”).  Today, we will review Texas appellate cases that have applied the Act to see how the statute plays out in real life.  As the Act is relatively new, originally passed in 1995, there are not a huge number of opinions analyzing this statute. Dodge v. Durdin, Johnson v. Smith, Young v. McKim The first group of cases we will consider are those analyzing whether the Act’s… Read More →