The Fifth Amendment states, “nor shall private property be taken for public use without just compensation.” My initial, inexperienced impression was that this clause meant just what it said. And over the years, my conviction has not changed that this straightforward language indeed indicates an unequivocal truth—that the Constitution prohibits takings for private use.  I …

Steps for Landowner Liability Protection

There are a number of steps for a landowner to consider in order to protect himself or herself from liability. Importantly, there is no magic solution that will ensure a landowner will never be liable for injury. Further, there is nothing a landowner can do to prevent a person from filing suit against the landowner.

Landowner Liability

Landowner Liability

A common concern for any Texas landowner is when they may be held liable if someone is injured on their property. Landowners often ask, “What can I do to protect myself in the event this occurs?” It is important for landowners to understand the duty the law imposes on them for each person entering their land. Additionally, there are a number of steps landowners can take in order to protect themselves and their operations from liability. This week I will deal with a look at the most common legal claims.