INTRODUCTION TO THE UERA For years now, a group of interested parties including attorneys have made a nationwide push to adopt a uniform procedure providing for the relocation of some easements. I learned in a recent Bar Association meeting that the initiative to...
CURRENT LAW - THE LSIPA (2021) In 2021, the the Eighty-seventh Texas Legislature adopted the Lone Star Infrastructure Protection Act in order to prohibit “contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in...
The Texas Legislature has just begun its 89th Session, and proposed legislation has already been introduced to limit the ability of Texas property owners' associations to impose fines for dried or browning vegetation during drought periods. House Bill 359 by Rep....
INTRODUCTION In an Opinion issued on December 12, 2024, Texas' 11th Court of Appeals out of Eastland, Tx. upheld the trial court's dismissal of landowners' claims that the visual appearance of a neighboring windfarm project constituted a nuisance. According to the...
TEXAS PUBLIC POLICY FAVORS AGRICULTURE Texans are fond of saying that the Lone Star State is "Open for Business." This tag line is often used by politicians to signify that Texas laws promote business and are welcoming for companies who desire to operate here....
Our client owns a shopping center, and was accused of flooding a neighboring property in violation of Chapter 11 of the Texas Water Code. The Plaintiff also claimed trespass by entry of water onto their land. We filed a Motion for Summary Judgment seeking dismissal on...
HOW IS THE GROUNDWATER ESTATE CHARACTERIZED RELATIVE TO LAND? The Texas Supreme Court has stated that percolating water is a "part of, and not different from, the soil" and the landowner is the "absolute" owner of it. Houston & T.C. Ry. Co. v. East, 98 Tex. 146,...
Podcast Link: To learn more about this topic, join the conversation by listening to my Podcast Episode. Introduction: These five Texas court cases provide insights into different types of easements, requirements for their establishment, and relevant legal arguments....
Many Texas cities have enacted ordinances that require landowners to connect to public water supply systems. These ordinances regulate land use, and generally prohibit landowners within the City from drilling water wells when municipal or public water supply is...
It's election season, which means the airways, radio waves, social media and corners are filled with campaign ads urging you to vote for this political candidate or that proposition. If you have made any political donations in the past, chances are your text messages...
Broker-Agent Breakups Happen: Real Estate Sales Agents Don't (and Maybe Shouldn't) Have Team Loyalty In recent years, relationships between real estate brokers and agents seem to have gone the way of those between star athletes and their sports teams. The days when...
WHAT IS A LETTER OF INTENT? A letter of intent (also known as an "LOI") is a writing (often a simple letter) designed to initiate a business or real estate transaction by summarizing or outlining the parties' intended major deal pointst. LOIs reflect a preliminary...
One of the elements of a fraud claim is reliance upon a misrepresentation made by the Defendant. This means that a Plaintiff must not only prove that the Defendant knowingly made a false representation of material fact, but also demonstrate that the Plaintiff in some...
What is Limitations? "Limitations" refers to the period within which a Plaintiff must file a lawsuit. Failure to file suit within the applicable limitations period can render the suit time-barred. The existence of limitations periods is grounded in the notion that...
WHAT IS A "NUISANCE" IN LEGAL TERMS? Under Texas law, a “nuisance” is a condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to a person of ordinary sensibilities attempting to use and enjoy it....
What is a Private Nuisance? In private nuisance, a defendant’s conduct substantially interferes with the use and enjoyment of real property owned by an individual or small group of persons. Private nuisance "may, for example, cause physical damage to the plaintiffs’...
These days, Mediation is ubiquitous in civil lawsuits. The local court rules of most Texas counties require mediation, and the state's policy has been made clear by statute: Sec. 154.002. POLICY. It is the policy of this state to encourage the peaceable resolution of...
HOW IS AN EASEMENT BY PRESCRIPTION ACQUIRED? A person can acquire a prescriptive easement if he uses someone else’s land in a manner that is adverse, open and notorious, continuous, and exclusive for the requisite ten-year period. Brooks v. Jones, 578 S.W.2d 669, 673...
Texas law recognizes multiple types of easements. One of the most nebulous of these is an easement by estoppel. Easements by estoppel are unique because they are implied (not affirmatively granted in writing or even verbally) by actions ("acquiescing behavior") --...
RAILROAD COMPANY's DUTY TO WARN Railroad companies have a general legal duty “to give adequate warning of approaching trains, given whatever obstructions or other conditions exist.” Mo. Pac. R.R. Co. v. Limmer, 299 S.W.3d 78, 92 (Tex.2009). Because “every railroad...
Why Study the Jury Charge? Before taking a case to trial, or even filing a lawsuit, it is critically important to understand the specific questions that jurors will be asked to answer. The juror's answers to the questions related to a specific claim or cause of action...