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Category Archives: Prescribed Burning
2021 Year in Review – Texas
2021 was another big year in the agricultural law world here in Texas. From key legal decisions to new laws passed during the legislative session, there was no shortage of information to discuss in this year in review. As you will see, many of the key updates involve actions taken by the Texas Legislature. To read in more detail about the key bills for agriculture this session, click here to read a blog post and here to listen to a podcast episode with J Pete Laney. Texas Farm… Read More →
Prescribed Burning Liability Considerations
If you are involved in a prescribed burn in any capacity–a landowner, lessee, Certified & Insured Prescribed Burn Manager, burn boss, assisting with the fire–you need to take time to understand the law related to liability if the burn causes damage or injury. The Texas Legislature recently made changes to the prescribed burning liability statute. Dr. Morgan Treadwell and I recently published a fact sheet outlining how Texas law works with regard to liability where prescribed burns are involved. To view the fact sheet, click here.
Prescribed Burning: Liability & Insurance Considerations
My friend and colleague, Dr. Morgan Russell, and I recently published a fact sheet looking at liability and insurance considerations when conducting a prescribed burn. With burning being a popular grassland management technique across Texas, landowners should take the time to understand the law regarding liability in the event a burn gets out of control and causes damage, to carefully review and comply with Texas’ limited liability statute for prescribed burning, and ensure they have adequate insurance coverage in case the worst does occur. This fact sheet walks landowners… Read More →
Legal Issues Surrounding Prescribed Burning
I recently wrote an article that was published in Progressive Cattleman discussing liability considerations for landowners when using prescribed burns. The article discusses different legal approaches that states take to potential liability if damage results from a prescribed burn and discusses the need for landowners considering burns to carefully review and understand their states’ statutory provisions related to prescribed burning. (To view the statutory provision related to prescribed burn liability in Texas, click here.) To read the article, click here.