Monthly Archives: June 2022

Rights of First Refusal and the Importance of Record Notice

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A right of first refusal can be a good way to ensure a person has an option to purchase property before it is sold to another.  However, as the Amarillo Court of Appeals recently considered in Mr. W. Fireworks, Inc. v. 731 Properties, LLC, certain steps must be taken to ensure enforceability of this right.  [Read opinion here.] Background Mr. W Fireworks, Inc. (“Mr. W”) owns fireworks stands across Texas, New Mexico, and Oklahoma.  One of its stands is on Soncy Road in Amarillo on land that it leased… Read More →

June 24, 2022 Weekly Round Up

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We’re back with another agricultural law weekly round up.  Here are some of the stories in the news over the past couple of weeks. *October will be big for ag law at the US Supreme Court.  The United States Supreme Court will have their hands full of ag law in October.  The Court will hear arguments in Sackett v. U.S., a case questioning the proper scope of “waters of the United States” as applied to wetlands under the Clean Water Act on October 3.  A week later on October… Read More →

Second Edition – Five Strands: A Landowner’s Guide to Fence Law in Texas

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Back in 2017, we published Five Strands: A Landowner’s Guide to Fence Law in Texas.  This handbook was the first resource of its kind to gather together information about Texas fence law in one easy-to-read, landowner-friendly publication.  Thanks to you all, it was extremely popular. Now, five years later, we are releasing our Second Edition.  There have been numerous new cases and opinions issued that landowners and producers need to be aware of, and this new handbook will allow you to do just that. To download your free… Read More →

Case Offers Reminder: Property Can Be Landlocked in Texas

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A recent Waco Court of Appeals decision in Fort Worth & Western Railroad Co. v. Albert offers an important reminder that property can, indeed, be landlocked in Texas. [Read opinion here.] Background In April 2016, Albert purchased 10 acres of land in Johnson County, Texas to build and operate a cement mixing plant.  To do so, he and two business partners formed Chisholm Trail Redi-Mix, LLC.   The only access to Albert’s property was to cross a single-lane gravel railroad crossing over the neighboring property, currently owned by Ft. Worth &… Read More →

June 10, 2022 Weekly Round Up

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It’s been a bit since our last Weekly Round Up post, but we’re back! Part of the reason for the delay was a recent trip I took with my family to the Nugget All-American sheep show and sale in Reno, NV.  Because I’m a mom and bragging on our kids is what we do, I’m happy to report that both kiddos won banners.  Braun’s lamb was Reserve Supreme Champion Wether and Champion Dorset Wether and Harper’s lamb was Reserve Speck Wether.  My family also raised the Reserve Supreme… Read More →

Texas Supreme Court Rules in Hlavinka v. HSC Pipeline

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Last week, the Texas Supreme Court issued its opinion in Hlavinka v. HSC Pipeline.  [Read opinion here.] Background Plaintiffs (“Hlavinka”) own four tracts of land totaling 13,000 acres in Brazoria County, Texas.  Although the family uses the land for agriculture, Mr. Hlavinka testified his primary purpose for purchasing the property was to sell pipeline easements. The land has 25 pipeline easements on it. Mr. Hlavinka recently negotiated two such easements in arms’ length, private sales transactions, receiving $3.45 million and $2 million, respectively. HSC installed the pipeline at… Read More →