Monthly Archives: August 2019

Case Illustrates Important Rule When Protesting Property Taxes

Posted on by

In March of this year, the First Court of Appeals in Houston issued an opinion in Grimes County Appraisal District v. Harvey, which is a good illustration of an important legal requirement for persons protesting actions of an appraisal district related to property taxes. Background James Harvey owns 91 acres in Grimes County.  For the 2015 tax year, the property received agricultural use valuation and the tax bill was $138.13, which Mr. Harvey paid.  In early 2016, the Grimes County Appraisal District (GCAD) sought a re-application from Mr…. Read More →

Court Determines Meaning of “Oil and Gas” in Century-Old Pipeline Easement

Posted on by

The Fourteenth Court of Appeals in Houston recently issued an opinion in Texan Land and Cattle II v. ExxonMobil Pipeline Co., a case involving a dispute over the meaning of the words “oil and gas” included in a 1919 pipeline easement agreement.  This case is a good reminder for landowners about the importance of drafting detailed easement agreements and the long-lasting effects these easements can have on property. Background Texan Land and Cattle (TLC) own a piece of land in Harris County.  In 1919, the prior owner of the… Read More →

New Statutory Requirements for Wind Leases in TX Effective September 1

Posted on by

As of September 1, 2019, Texas law will impose requirements for wind lease agreements to contain language whereby the wind farm operator agrees to remove its materials at the end of the lease, and provides a financial assurance to support this obligation.  These terms are required in every wind lease signed after the effective date and may not be waived by the parties. Key Stats House Bill 2845 modified the Texas Utilities Code by adding Section 301.0001, titled “Wind Power Facility Agreements.” [Read bill text here.]  The bill… Read More →

August 2, 2019 Weekly Round Up

Posted on by

Welcome to August!  I’m not sure how the summer has flown by, but here we are.  These are a few of the ag law stories in the news this week. *Second round of Market Facilitation Program payment rates announced.  Last week, the USDA announced payments for round 2 of the Market Facilitation Program.  These payments are designed to provide assistance to farmers of commodities impacted by “unjustified foreign retaliatory tariffs, resulting in the loss of traditional export markets.”  Payment rates have been set per county for qualifying crops. … Read More →