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A semi-truck collided with a cow standing on the interstate. The driver brought a negligence lawsuit against the livestock owner claiming that he suffered personal injuries and property damage. The district court determined that the driver failed to prove that the livestock owner breached a duty of care. On appeal, the court affirmed that there was insufficient evidence that the owner failed to use ordinary care to constrain the animal.
In a June 21 ruling, the Iowa Court of Appeals held that helping a neighbor get a downed heifer back on its feet is not a “domesticated animal activity” under Iowa Code § 673.1(3) and therefore Iowa Code § 673.2 does not provides liability immunit
Note: On November 22, 2024, the Iowa Supreme Court ruled that survey access by the pipeline company was not an unconstitutional taking.
Producers have until July 14, 2023, to apply for disaster relief under Phase 2 of the Emergency Relief Program (ERP Phase 2) or the Pandemic Assistance Revenue Program (PARP).
To collect $106,898 of unpaid income taxes from the estate of Francis Glaser, the Iowa Department of Revenue (IDOR) sought to set aside Glaser’s predeath transfers of real estate to his friend. The Iowa Supreme Court held that fraudulent conveyances may only be voided to the extent necessary to pay the debts and charges of the estate. Iowa Code § 633.368. On remand, the friend argued that income taxes are not a debt of the estate. The Court of Appeals disagreed and found that the properties could be sold to satisfy the estate’s debts including IDOR’s claim. However, any remaining funds or unsold properties must be returned to the decedent’s friend.
A fence ran slightly north of the boundary line between two parcels of land.
The Iowa Court of Appeals affirmed the probate court’s decision to enforce a will as written even though this resulted in materially unequal distribution among the beneficiaries.
During Iowa’s 2023 Legislative Session that ended Thursday, May 4, legislators passed a number of bills impacting agricultural producers and rural landowners. Read more for a review of the highlights.
On May 25, 2023, the U.S. Supreme Court significantly narrowed the definition of “waters of the United States.” Sackett v. EPA, No. 21-454 (2023).
After the probate court set aside a 2016 will for lack of testamentary capacity and undue influence, the same executor submitted the decedent’s 2012 will to probate.
California’s Proposition 12 is here to stay...unless Congress decides to weigh in.
An energy company began replacing a substantial portion of components in wind plants it owned and operated. However, the county assessor continued to value the property the same for property tax purposes.
The Iowa Court of Appeals found that the defendants, a father and son, violated their fiduciary duty to a family farm corporation. Father was president and a board member of the corporation.
A landowner brought a lawsuit against his neighbor claiming that his property experienced manure runoff after the neighbor applied manure on a nearby field.
On March 8, 2023, the Iowa Court of Appeals affirmed the division of a farm partnership’s alleged assets and liabilities after the death of one of the business partners.
With unclear terms and intentions, two parties attempted to negotiate the sale of a farm property.
The Iowa Supreme Court affirmed that a lessee could exercise their renewal option under the rental contract by only giving written notice even though a later paragraph stated that the rental payment would be due when the renewal option was exercis
The Iowa Court of Appeals affirmed the probate court’s allocation of attorney fees and court costs arising from litigation under which the trust received a $159,250 settlement.
The Iowa Court of Appeals examined the distribution of property during a divorce where one spouse had used inherited and gifted property to fund the purchase and repay debts associated with the marital home and farmland.
The Iowa Court of Appeals examined the distribution of farmland property during a divorce when a premarital agreement waived “any right or interest in the real property of the other,” and the wife argued that marital assets were used to pay down d
