Category Archives: Texas Supreme Court Decisions

Texas Supreme Court Finds Landowner Not Liable in Railroad Crossing Death

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Last week, in Union Pacific Railroad Co. & Ezra Alderman Ranches v. Prado, the Texas Supreme Court addressed the liability of a landowner and railroad company when a railroad crossing fatality occurs on private land. Background In 2015, Rolando Prado, Jr. died when his pickup was struck by a Union Pacific (UP) train.  The crossing at issue is on private property owned by Ezra Alderman Ranches (the Ranch).  Prado was returning from his first day working at a new jobsite about 7:30 pm. He was driving at or under… Read More →

Texas Supreme Court Rules in Case Involving Implied Easement

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The Texas Supreme Court recently ruled in Albert v. Fort Worth & Western Railroad Company, a case addressing legal access to a landlocked tract of land in Johnson County.  This case is a great reminder of the law regarding access to property and the various types of implied easements in Texas law. Background At issue in this case is access to a 10-acre property located in Johnson County, Texas (“the Property”).  It is separated from State Highway 171 by a strip of land owned by the Ft. Worth &… Read More →

Texas Oil & Gas Law: When 1/2 of 1/8 Not Equal 1/16

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The Texas Supreme Court recently issued a ruling in Van Dyke v. The Navigator Group, an interesting case involving the use of double fractions in historic oil and gas documents.  [Read Opinion here.]  As the Court noted to open its opinion, “Only in a legal context could the formula ‘one-half of one-eighth’ mean anything other than one-sixteenth.” Background In 1924, the Mulkeys conveyed their ranch and the underlying minerals to White & Tom with the following reservation: It is understood and agreed that one-half of one-eighth of all minerals… Read More →

2022 Ag Law Year in Review – Texas

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Each year, I am surprised by the number of agricultural law developments across Texas. This year is no exception, and I believe it may be the biggest year for agricultural law that I can remember in the Lone Star state.  If you missed our review of the biggest ag law stories on the national level, click here.   High Speed Rail Has Eminent Domain Authority The Texas Supreme Court issued a divided opinion in Miles v. Texas Central Railroad & Infrastructure holding that Texas Central Railroad has the power… Read More →

Did the Life Estate Conveyance Include the Minerals?

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In 2020, the Texas Supreme Court issued its opinion in ConocoPhillips Co. v. Ramirez, 599 S.W.3d 296 (Tex. 2020), a case involving the interpretation of a life estate and whether the creation of the life estate applied only to the surface interest, or to the minerals as well. Background  Ildefonzo Ramirez died in 1941. He left his two children, Leon Juan and Felicidad, a total of 7,016 acres in Zapata County. Not all tracts of the estate were contiguous. Months after Ildefonzo’s death, the two siblings partitioned the surface… Read More →

Texas Supreme Court Upholds Law Prohibiting Processing & Manufacturing of Smokable Hemp in Texas

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The Texas Supreme Court recently found that the Texas Constitution does not protect a person’s right to process and manufacture smokable hemp in Texas.  [Read Opinion here.] Background The 2018 Farm Bill removed hemp from the federal Controlled Substances Act and defined it as an agricultural product. The bill allowed each state to determine whether hemp would be allowed and how it would be regulated within its own borders. States electing to create a hemp-regulation plan were required to submit it to the USDA for approval.  The Texas… Read More →

July 8, 2022 Weekly Round Up

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We’ve made it to July!  Here are some of the ag law stories in the news over the past couple of weeks. *Texas Supreme Court rules Texas Central Railroad has eminent domain authority for high speed rail project.  In a 6-3 ruling, the Texas Supreme Court has found that Texas Central Railroad does have eminent domain authority for its high speed rail project from Dallas to Houston. [Find opinions here.]  I’ll have a full blog post breaking down this decision next week.  In the next month, I’ll also… 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 →

Texas Supreme Court: Courts, Not TCEQ, Determine Water Rights Ownership in Texas

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The Texas Supreme Court issued its decision in Pape Partners, Ltd. v. DRR Family Properties, and in doing so, answered the question of whether it is the courts or the TCEQ that has jurisdiction over water rights ownership disputes in Texas.  [Read Opinion here.] Background Lola Robinson owned two pieces of property in McLennan County, the farm and an adjacent 250-acre tract of land.  In 1986, she obtained two water rights permits from the TCEQ to irrigate from the Brazos River for one of the farms.  The permits did… Read More →