Left to right, Deborah Clark, chair of TSCRA’s Wildlife Com- mittee; Dr. Dee Ellis, Texas Animal Health Commission; Mitch Lockwood, Texas Parks and Wildlife Department; and Stephen Diebel, Wildlife Committee vice-chair. Ellis gave a report on TAHC activities and Lockwood talked about the latest in the fi ght against chronic wasting disease (CWD).
Tom Armstrong, Elanco Animal Health, spoke on the demands of feed- ing the world’s growing population, and what logistical challenges agriculture will face to meet those demands in the future.
Zach Brady, a partner
with Brady & Hamilton, talked about private property rights, and what issues ranch- ers and landowners
should watch for when making deals and sign- ing contracts.
Left to right, Gordon Sauer, TSCRA Legislative and Tax Com- mittee vice-chair; Arthur Uhl, partner, Uhl, Fitzsimons, Jewett & Burton; Zach Brady, partner, Brady & Hamilton; and Committee Chair Leslie Kinsel. During the Legislative and Tax Committee meeting, Brady talked about securing private property rights and Uhl discussed surface water rights.
tscra.org
value of the property taken, damage to the remainder, cost to cure, and diminution of access; 9. Provide com- pensation to the landowner of all costs and expenses, including attorney’s fees, when the condemnor mis- uses the legal process or unnecessarily threatens the interests of landowners; 10. Provide compensation to the landowner of all costs and expenses, includ- ing appraisal and attorney’s fees, when the award by the special commissioners or the trial court is greater than the condemnor’s original offer; 11. Provide writ- ten notice to the landowner of its option to reacquire the condemned property, or property conveyed in lieu of condemnation, and all associated property rights, including mineral and groundwater rights, for the price paid by the condemnor, if the original project causing the condemnation does not progress or is not com- pleted within a reasonable time; 12. Provide advance written notice to the landowner of any intent to survey or access the property and secure written consent from the landowner before entering the property; 13. Provide the landowner with an indemnity, proof of in- surance, or written assurance that any damages oc- casioned by the survey or other activities, including construction, on the property will be the responsibility of the condemnor; 14. Assume full responsibility for all activities of the condemnor and any contractors, in- cluding reasonable measures to monitor all gates, cat- tle guards, and fences securing livestock, and repair or replace any such gates, cattle guards, and/or fences that are damaged; 15. Prohibit access beyond the pro- posed and fi nal condemnation area for unauthorized purposes; 16. Reserve to the landowner all rights to groundwater and minerals, unless the taking is specifi - cally designated for the taking of groundwater pursu- ant to Texas law; 25 17. Limit the width of any tempo- rary or permanent easement to the minimum essential for the proposed project, restore any surface area and vegetation, and take steps to prevent and/or eliminate the invasion of noxious plants; 18. Pursue alignments along existing right of ways of other utilities and along property boundaries to minimize damages to the land- owner; 19. Adhere to objective routing standards, in the case of pipelines, similar to those in place at the PUC for power lines, and further acquire approval from the RRC for the proposed routing through a contest- ed case hearing process; 20. Deposit the full award amount with the trial court prior to any appeal of a fi nal judgment. new 3/16/88, revised 10/2/09, revised 9/27/13, revised 9/26/14, revised 9/25/15
MORE December 2015 The Cattleman 21
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