Texas Maintenance of Operational Areas, Control of Debris and Weeds

State:
Multi-State
Control #:
US-OG-807
Format:
Word; 
Rich Text
Instant download

Description

This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

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FAQ

To be successful in a private nuisance lawsuit, the plaintiff must prove three private nuisance elements: The plaintiff owns the property. The defendant acted in a way that interfered or disturbed the plaintiff's use or enjoyment of the property. The act was unreasonable.

Under Texas law, a nuisance is a ?condition that substantially interferes with the use and enjoyment of land by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities attempting to use and enjoy it.? In other words, a nuisance is something that would annoy a reasonable person.

Such activities as obstructing a public road, polluting air and water, operating a house of prostitution, and keeping explosives are public nuisances.

Texas Litter Abatement Act Fines for Illegal Dumping: Class C Misdemeanor - If the amount dumped weighs 5 pounds or less or has a volume of 5 gallons or less, the maximum penalty is: Fine not to exceed $500.

[1] Examples of public nuisance include pollution of navigable waterways, interfering with the use of public parks and the creation of public health hazards. Plaintiffs in public nuisance lawsuits, including state departments and agencies, may seek damages and/or injunctions.

The Court further explained that to prove a nuisance (that is, a legal injury based on interference with use and enjoyment of land), a plaintiff must establish that the effects of the substantial interference on the plaintiff are unreasonable?not that the defendant's conduct or land use was unreasonable.

Chapter 125 of the Texas Civil Practice & Remedies Code and Section 101.70 of the Texas Alcoholic Beverage Code are considered the ?Texas Nuisance Abatement Statutes.? These statutes permit law enforcement agencies to close any piece of property involved in illegal activities, including violations of the Texas Penal ...

(a) It is this state's policy and the purpose of this chapter to safeguard the health, welfare, and physical property of the people and to protect the environment by controlling the management of solid waste, including accounting for hazardous waste that is generated.

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Texas Maintenance of Operational Areas, Control of Debris and Weeds