Texas Attorney General Opinion. Property Rights + RVs.

What question is the Texas Attorney General Opinion? Are guests at recreational vehicle parks are licensees or tenants for eviction purposes?

Why does this matter?  A tenant has exclusive possession & control of the premises with legal recourse; a licensee does not

RV guests, are they tenants or licensees?

Legislative Fix? Re-define “recreational…

Lege TREND + Legal TREND. Gov. Sues Attorney General over AG Opinion on Conservation Easements.

Where: Montana

What did this Attorney General Opinion say that prompted  a lawsuit by the Governor?

  • state land board is required to vote on all but the smallest conservation easements that state agencies proposed

Why is this a big deal?

  • Impacts a state program supporting Hunting & Fishing
  • Impacts private property rights by limiting use of ranch land

Missoula Current | Bullock sues AG Fox over approval authority for conservation easements

Texas Attorney General Opinion. Land Owner Liability.

What question is being answered: whether Chapter 75, Title 4 of the Civil Practice and Remedies Code appl[ies] to private property owners on whose property agro-tourism related private aircraft lands.

What is the answer:  Yes, if:

  • a property owner conducting agritourism on his or her agricultural property invites or grants permission to individuals to enter the premises of the property for recreation
  • and, if all other elements of chapter 75  are met
  • that would include injuries or damages…

TX Attorney General Request. Annexation. Fine Owners who vote no?

Requestor: Senator Donna Campbell

Question for the Atrorney General to Answer:  

  1. Whether it is permissible for a city to impose fees and fines on an unincorporated area within the city’s extra-territorial jurisdiction within five miles of a military base as part of the regulations suggested by a Joint Land Use Study?

  2. Whether San Antonio’s proposed annexation ballot language articulated below meets the standard of definiteness and certainty set forth by the Texas Supreme Court in Reyn…

TX Attorney General Opinion. Can an Eco Devo Corp get their property back? Or Does Sovereign Immunity Win?

What’s happening in Attorney General Opinion KP-210?

 

  • Marshall Economic Development Corporation conveyed property to Texas State Technical College
  • TSTC had to use the property for educational purposes under the terms
  • If TSTC fails, then the property goes back to Marshall Economic Development Corporation

The answer: this is not about soveriegn immunity. It’s about how the land was conveyed and that conveyence required certain conditions, that’s what prevails. So, yes the proeprty can…

Attorney General Opinion in the Bluebonnet State. Property Rights and RVs.

In Texas Attorney General Opinino Rquest, RQ-022-KP, we’re going to find out what property rights an RV has and what property rights a park owner has.

Get your arguments ready for the Attorney General.

Get your drafting pencils ready to write the bill to fix the opinion. 

Who requested the opinion: Charles Perry

The question for the Attorney General Opinion: whether recreational vehicle park guests-transient or temporary guests-are licensees or tenants

What arguments does the opinion…

Texas Attorney General Opinion. Private Property Rights.

Texas Attorney General Opinion Request: RQ-0219-KP

Requestor: Lyle Larson

Question the Attorney General Office is to answer:  Does Chapter 75, Title 4 ofthe Civil Practice and Remedies Code apply to private property owners on whose property agro-tourism related private aircraft lands?

Private Property Rights. Attorney General Opinion Raises 1st Amendment Issues with Trespass Bill in the Syringa Flower State.

State: Idaho

Trespass Revision Bill that streamlines criminal, civil and parks & wildlife trespass statutes: HB 658 (2018) 

The Attorney General Opinion: Inquiry on HB 658 | Attorney General Lawrence Wasden & March 2018 Inquiry on HB 658 | Attorney General Lawrence Wasden

The 1st Amendment Issues Raised by the Idaho Attorney General: Whether the bill passes muster with the 9th Circuit’s overturning of Idaho’s Agricultural Gag law

TX A.G. Opinion Answers Whether Affidavits of Adverse Possession Should Be Filed by County Clerks

Texas Attorney General Opinion, KP-1065, finds that affidavits of adverse possession should be filed by county clerks.

What standard does the affidavit need to meet? It must meet the requirements of Property Code section 12.001(a) : acknowledged, sworn to with a proper jurat, or proved according to law.

What does the affidavit not need to do? The affidavit is not proof that adverse possession has legally occured.

3 Reasons TPPF Supports Tree Ordinance Bills: (1) Abba (2) Espresso (3) Lunch.

TPPF position is that tree ordinances are:

  • Money, Money, Money. Condemnations that require just compensation (see the A.G. Opinion) & they impact the investment and economic opportunities of land owners.
  • Espresso sipping elitism. the arguments cities made to the A.G. when he reviewed the matter were supported by an east coast liberal law professor
  • Free Lunch. Can’t let cities get away with getting trees for free. Tree ordinances allow cities to get conservation easements for free. 

TPPF…