Texas Landowner Liability Acts: Protection For Your Operation, Land, and Heritage

BLOGS|22 Nov 2023 |BY: Madison Wallace

SCROLL FOR MORE

As a farmer, rancher, or landowner, you understand the importance of protecting your property. You spend countless hours tending to your land, livestock, and infrastructure, and you want to ensure that both your investment and your family’s safety are secure. Opening your property to others can pose liability risks to your operation and to you personally as the landowner. Understanding the limited liability protections afforded to you as a landowner can help you better protect your operation, land, and heritage.

Texas Recreational Use Statute

The Texas Recreational Use Statute (RUS) was created to provide liability protection to agricultural landowners who allow recreational activities to take place on their property. This can apply to any non-trespasser on the property for recreational activities such as hunting, fishing, swimming, boating, camping, hiking, picnicking, pleasure driving, nature study, cave exploration, disc golf, biking, dog walking, water skiing, and water sports. The protections offered by this statute may apply if the landowner meets the following requirements.

  1. The property meets the definition of agricultural land as stated in the statute.
  2. The property is being used for recreational purposes.
  3. You meet at least one of the three following monetary requirements:
    1. No fee is charged for recreational use of the land.
    2. If a fee is charged, total income must be less than 20 times the taxes paid for all property.
    3. You maintain adequate liability insurance coverage.

A few important points to note about the Texas Recreational Use Statute:

  • It does not protect trespassers or anyone who enters the property with the intent to commit a crime or cause harm.
  • It can also protect individuals leasing or occupying the land.
  • Landowners must not deliberately create hazardous conditions on their property.
  • No signage is required.

Texas Agritourism Act

The Texas Agritourism Act was created to help protect farmers, ranchers, and agricultural landowners from the liability that can occur from operating an agritourism business. If all requirements are met, this act can provide liability protection from injuries or damages sustained to participants of the agritourism activity, which can be an activity on the land with the purpose of being educational or recreational. This includes animal-based activities, u-pick operations, hayrides, and nature trails. The Texas Agritourism Act may apply if the landowner meets the following requirements.

  1. The property meets the definition of agricultural land.
  2. Required signage must be posted in a clearly visible location.
  3. Participants must sign an agreement that contains specific language prior to engaging in the activity.

Texas Farm Animal Liability Act

The Farm Animal Liability Act (FALA) was created to provide limited protection to farmers, ranchers, and landowners from liability that can occur from the inherent risk of activities interacting with farm animals. This applies to cattle, horses, llamas, sheep, goat, pigs, chicken, honeybees kept in managed colonies, and other domestic farm animals.

  • This Act applies only to injuries caused by inherent risks of farm animal activity.
  • It applies only if the owner of the animal did not act negligently or recklessly.
  • The Act does not cover wild animals, hunting preserves, zoos, or commercial animal operations.
  • Required signage must be posted in a clearly visible location.
  • Property owners must ensure participants have the ability to safely engage with the animal.

As a farmer, rancher, or landowner, understanding the protections afforded to you by the Texas Landowner Liability Acts can help you plan to properly protect your assets. Working in conjunction with your financial planner and attorney can help you identify opportunities to enhance the liability coverage of your operation and help safeguard your legacy for generations.

IMPORTANT DISCLOSURE INFORMATION: Past performance may not be indicative of future results. Different types of investments involve varying degrees of risk. Therefore, it should not be assumed that future performance of any specific investment or investment strategy (including the investments and/or investment strategies recommended and/or undertaken by BentOak Capital [“BentOak”]), or any non-investment related services, will be profitable, equal any historical performance level(s), be suitable for your portfolio or individual situation, or prove successful. BentOak is neither a law firm, nor a certified public accounting firm, and no portion of its services should be construed as legal or accounting advice. Moreover, you should not assume that any discussion or information contained in this document serves as the receipt of, or as a substitute for personalized investment advice from BentOak. Please remember that it remains your responsibility to advise BentOak, in writing, if there are any changes in your personal/financial situation or investment objectives for the purpose of reviewing/evaluating/revising our previous recommendations and/or services, or if you would like to impose, add, or to modify any reasonable restrictions to our investment advisory services. A copy of our current written disclosure Brochure discussing our advisory services and fees is available upon request at www.bentoakcapital.com/disclosure. The scope of the services to be provided depends upon the needs of the client and the terms of the engagement. Historical performance results for investment indices, benchmarks, and/or categories have been provided for general informational/comparison purposes only, and generally do not reflect the deduction of transaction and/or custodial charges, the deduction of an investment management fee, nor the impact of taxes, the incurrence of which would have the effect of decreasing historical performance results.  It should not be assumed that your account holdings correspond directly to any comparative indices or categories. Please Also Note: (1) performance results do not reflect the impact of taxes; (2) comparative benchmarks/indices may be more or less volatile than your accounts; and, (3) a description of each comparative benchmark/index is available upon request. Please Note: Limitations: Neither rankings and/or recognitions by unaffiliated rating services, publications, media, or other organizations, nor the achievement of any designation, certification, or license should be construed by a client or prospective client as a guarantee that he/she will experience a certain level of results if BentOak is engaged, or continues to be engaged, to provide investment advisory services. Rankings published by magazines, and others, generally base their selections exclusively on information prepared and/or submitted by the recognized adviser. Rankings are generally limited to participating advisers (see link as to participation criteria/methodology, to the extent applicable). Unless expressly indicated to the contrary, BentOak did not pay a fee to be included on any such ranking. No ranking or recognition should be construed as a current or past endorsement of BentOak by any of its clients.  ANY QUESTIONS: BentOak’s Chief Compliance Officer remains available to address any questions regarding rankings and/or recognitions, including the criteria used for any reflected ranking.

bentoak capital

Start Building Your Legacy

Connect with BentOak Capital today to begin shaping the future you deserve.

Get Started Today