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A June 18 update posted to the Syngenta settlement claims administration page states that eligible class members will receive notices of determination showing their "compensable recovery quantities" as early as July. This is the number of bushels for which they can recover, not the amount of the payment to which they are entitled.
In this podcast, Kitt talks about two recent Iowa Court of Appeals Cases and interviews Farm Management Specialist, Ryan Drollette regarding prevented planting.
On June 18, 2019, IRS and Treasury issued proposed regulations for the application of IRC §199A to cooperatives and their patrons. These rules were a missing piece of the initial §199A regulatory package.
On June 5, 2019, the Iowa Court of Appeals ruled that a family farm LLC automatically dissolved 90 days after the death of its sole member. The court ruled that the manager of the LLC who inherited one-third of the LLC’s units had not become a member because he failed to execute a joinder agreement.
On June 5, 2019, the Iowa Court of Appeals issued a ruling concerning a disagreement over property rights between two neighboring landowners. The court found little evidence to support a finding to grant the land in question in fee simple ownership to the defendants, but affirmed the lower court’s grant of a prescriptive easement to them.
On June 5, 2019, the Iowa Court of Appeals ruled that Wells Fargo Bank gave proper notice to any unknown heirs of a decedent when foreclosing on real estate that had been mortgaged by the decedent during his lifetime. Nearly 10 years after a man took out a mortgage for a piece of real estate, he passed away without finishing paying off the loan. After the loan went into default, Wells Fargo initiated the foreclosure proceeding and sought to quiet title to the real estate.
In this tax edition of the CALT Brief podcast, Kristine discusses:
In a case of significant import to Iowa property owners, the Iowa Supreme Court today ruled that the use of eminent domain for the Dakota Access pipeline was not an unconstitutional taking under either the Iowa or U.S. Constitutions. In Puntenney v. Iowa Utilities Board, No.
On May 28, 2019, the United States District Court for the Southern District of Texas determined that the EPA and U.S. Army Corps of Engineers violated the Administrative Procedure Act (APA) when they promulgated the final Clean Water Rule in 2015.
Update: On the evening of June 3, 2019, the House passed H.R. 2157, sending the disaster relief bill to the President for his signature.
Several bills with general bipartisan support are pending in Congress. These bills, if passed, would impact farmers and ranchers across the country. We will keep you posted as developments unfold.
UPDATE: On October 5, 2020, the U.S. Supreme Court denied the plaintiffs' petition for certiorari in Himsel v. Himsel challenging Indiana's Right-to-Farm law.
Beginning in the 1970s, states became concerned with urban sprawl and the impact it would have on agricultural production. To address the concern of urban residents moving next door to farms and then bringing nuisance lawsuits over naturally occurring sights, smells, and sounds, legislatures enacted Right-to-Farm laws. Currently, all fifty states have enacted Right-to-Farm laws.
On May 21, 2019, IRS issued Rev. Proc. 2019-26, which updated depreciation deduction limits for passenger automobiles purchased after September 27, 2017, and placed into service during 2019.
No Bonus Depreciation
In this Podcast, Kristine and Kitt address several recent agricultural law developments.
On May 10, 2019, the Iowa Supreme Court issued a ruling finding that, despite a waiver from the Federal Aviation Administration, a farmer would have to remove a grain leg he constructed to comply with local regulations. The Carroll County District Court had ordered the grain leg to be removed, and the Court of Appeals had affirmed.
On May 3, 2019, the Iowa Supreme Court issued two separate rulings concerning a wind energy project in Palo Alto County. In the first case, landowners challenged whether the Iowa Legislature gave the Iowa Utilities Board (IUB) the authority to interpret what a “single site” is. In the second case, landowners disputed the legality of the ordinance granted by the Board of Supervisors.
In this podcast, Kristine takes a look at Iowa tax bills that made it through the 2019 legislative session. Included is a discussion of:
During Iowa’s 2019 Legislative Session that ended Saturday, April 27, legislators passed a number of bills impacting agricultural producers and rural landowners. Below is a review of the highlights.
May 13, 2019 Update: The Governor has signed the Iowa Hemp Act.
On April 17, 2019, the Iowa Court of Appeals issued a ruling concerning negligent destruction of a tractor and attachment. The court affirmed the lower courts decisions on all evidentiary issues, but reversed the district court’s decision regarding interest accrual.
It’s a fair question. The $1.5 billion Syngenta settlement was approved December 7, 2018, and the settlement agreement specified that payments could issue as early as the second quarter of 2019. Now that we are in that second quarter, do we know when the payments will issue?
The answer, unfortunately, is no.
On April 23, 2019, R-CALF and others filed a lawsuit in the Northern District of Illinois claiming several large packing companies “conspire[ed] to suppress the price of fed cattle they purchased in the United States from at least January 1, 2015 through the present.” The plaintiffs, which consist of Ranchers Cattlemen Action Legal Fund Uni
The Iowa Supreme Court recently addressed the question of whether a mechanic’s lien arising from the provision of materials and labor to a tenant can attach to the real property of the landlord where the landlord and the tenant are engaged in a mutually beneficial business arrangement. In Winger Contracting Co.
On April 3, 2019, the Iowa Court of Appeals issued an opinion concerning an alleged negligent misrepresentation of farmland value. The court found that plaintiffs were not justified in their reliance of either of two appraisal companies’ valuation of farmland and affirmed the district courts grant of summary judgment.
On March 27, 2019, two environmental groups—Iowa Citizens for Community Improvement and Food and Water Watch—filed a petition in state court seeking injunctive and declaratory relief against the State of Iowa, the Department of Natural Resources and others.
On March 20, 2019, the Iowa Court of Appeals issued a ruling on the validity of the assignment of a debtor’s right of redemption. Because the right to redeem a property is transferable, the court allowed the assignee to redeem the debtor’s farm.
The United States Justice Department has changed its position and is now supporting the position that the Affordable Care Act (ACA) was rendered unconstitutional when Congress set the individual shared responsibility payment to zero in the 2017 Tax Cuts and Jobs Act.
Update: On December 2, 2019, The U.S. District Court for the Southern District of Iowa issued a preliminary injunction preventing Iowa from enforcing this law.
Update: On April 22, 2019, five advocacy groups filed a lawsuit challenging this new law.
On March 6, 2019, the Iowa Court of Appeals issued a ruling concerning a district court’s judgment ordering a lawyer to return $383,595.63 to his mother’s estate. The court found that because there was a confidential relationship between the son and his mother, and the son did not act in good faith when transferring money from his mother’s account to his account, he had to return the money he took from his mother’s account.
On March 14, 2019, the Iowa Governor signed into law a new agricultural production facility trespass statute. Senate File 519, which was passed by the Iowa House and Senate on March 12, makes it a crime to obtain access to or employment with an agricultural production facility by use of deception with the intent
Another March 1, the first day of most Iowa farm leases, arrives soon. This post addresses two common questions we've been receiving this month.
IDOR announced on February 28, 2019 that it too would grant an extension to the March 1 deadline for farmers and fishermen who did not make estimated tax payments by January 15, 2019. These farmers will have until April 30 to file their Iowa returns and pay their income taxes without incurring estima
On February 15, 2019, President Trump signed the Consolidated Appropriations Act, 2019, into law. This new law averted a second government shutdown and funded the IRS through the end of September, 2019. The law did not include any provisions to retroactively revive and extend 26 temporary tax breaks that expired at the end of 2017.
On February 6, 2019, the Iowa Court of Appeals issued a ruling regarding the right of an out-of-state resident to hunt antlered deer on his property. Because there was a rational basis to distinguish between in-state and out-of-state licensees, the law was constitutional.
On January 9, 2019, the United States District Court for the Southern District of Iowa declared Iowa’s Agricultural Production Facility Fraud statute to be unconstitutional. Animal Legal Defense Fund v. Reynolds, No.4:17-cv-00362 (S.D. Iowa 2019).
A new IRS Lapsed Appropriations Contingency Plan released January 15, 2019, states that 57.4 percent of the IRS workforce will be required to work during the Tax Year 2018 filing season as long as a shutdown continues.
On this, the last day of 2018, we look back at key agricultural and taxation developments from the past year. Many of these issues continue to significantly impact agricultural producers, and we will continue to monitor these evolving issues as we head into 2019. Happy New Year!
The Center for Agricultural Law and Taxation does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. The Center's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.