Category Archives: Eminent Domain

April 4, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* This week I have been making the rounds from Indianapolis, Indiana to Athens, Texas!  In Indianapolis, Paul Goeringer (University of Maryland Extension) and I presented at the Women in Agriculture Educators Conference on legal risk management, where I specifically focused on water law education in Texas.  Additionally, I presented at the Cattleman’s Cow-Calf Clinic in Athens, Texas.  Henderson County Extension Agent Rick Hirsch and his cattle committee did a great job of planning this clinic and I enjoyed the chance to… Read More →

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 →

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 →

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 →

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 →

January 17, 2014 Weekly Round Up

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*This article is not a substitute for the advice of an attorney.* It has been a busy week for agricultural law-related stories.  Here are a few of the headlines making news this week. *  Texas Supreme Court Orders TransCanada Response to Appeal.   The Texas Supreme Court has ordered TransCanada to respond for a petition for review filed by Texas landowner Julia Trigg Crawford.  Trigg Crawford has appealed the trial court decision (affirmed by the appellate court) challenging the ability of TransCanada to use the power of eminent domain to take a portion of… Read More →

September 27, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** It has been a busy week for ag law-related stories in the news.  Here are recaps of some of the major stories this week. *  AQHA Files Appeal in Cloning Suit.  The American Quarter Horse Association filed its formal notice of appeal on Monday.  As you’ve previously read, this summer an Amarillo jury ruled against the AQHA, finding that its rules prohibit the registration of clones violate federal and state antitrust laws.  On August 22, Judge… Read More →

September 13, 2013 Weekly Round Up

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**This article is not a substitute for the advice of an attorney.** Here are some of the agricultural law stories making news this second week of September. *  Texas Groundwater Summit Presentations.  A couple of weeks ago, I attended the Texas Groundwater Summit in San Marcos.  It was a great conference put on by the Texas Alliance of Groundwater Districts.  The presentations ranged from discussions about the basic authority of Groundwater Conservation Districts, to legal updates, to House Bill 4, to the potential use of brackish water, to… Read More →

Decisions, Decisions

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**This article is not a substitute for the advice of an attorney.** This week brought forth several major Texas court decisions that are related to agriculture.  Here are brief (at least in lawyer terms) summaries of those cases.  1.  On Wednesday, the San Antonio Court of Appeals issued its decision in Edwards Aquifer Authority v. Bragg. The Braggs own property that sits above the Edwards Aquifer on which they have two pecan orchards:  The Home Place orchard and the D’Hanis orchard.  Beginning in the late 1970’s, the Braggs irrigated the Home… Read More →