Category Archives: liability

Property Rights. Lege TREND. Amending Right to Farm Laws.

LBB 227 (2019 | NE) amends Nebraska’s Right to Farm provisions to fend of nuisance lawsuits brought against farmers.

But, there’s a hitch: there’s a hesitancy to grant immunity from liability to farmers…in Nebraska. What else does one do in Nebraska?

Is there a constitutional issue? Yes, closing the doors to courthouses for nuisances is likely unconstitutional accorind got law professors in Nebraska

Omaha World Herald | Proposed expansion of Nebraska’s Right to Farm Act runs into…

Refreshing our Recollection | Disclosure of Building Defect Settlements | READ THE BILL

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

  • to report settlements  concerning construction defects within 90 days
  • if settlements were for more than $1 million
  • concerned multifamily residences
  • The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature

Lege TREND. Eminent Domain Compensation legislation for 2019.

Ashby reiterates his support for his 2017 eminent domain compensation bill, HB 3687 (2017 | TX) that would:

  • strengthens bona fide offer
  • additional dislcosures of appraisal reports
  • additional detail disclosures for easements
  • hold harmless clause for the land owners
  • nongovernmental entities have to escrow or bond the trial court award for a landowner before appeal
  • an attorney fees trigger mechanism for nongovernmental entities
  • shifts property taxes to the condeming entity 

Lufkin Daily…

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…

Lege TREND. Property Rights. Required Disclosures by Contractors.

California Legislature passed SB 1465 (2018 | CA)  would require contractors:

  • to report settlements  concerning construction defects within 90 days
  • if settlements were for more than $1 million
  • concerned multifamily residences
  • The Contractors State License Board would hold the records

Daily Californian | Bills to increase balcony safety pass California State Legislature 

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?