Ag Docket Blog
A case from the Iowa Court of Appeals yesterday demonstrates the need for clear contractual language in farm leases. Some may say this principle is important even when family members are involved. This case demonstrates the importance of this principle especially when family members are involved.
The drainage districts in the Des Moines Water Works (DMWW) lawsuit have now filed their second motion for partial summary judgment. Last fall, they asked the judge to rule in their favor as a matter of law on DMWW’s state law tort claims, such as nuisance and negligence.
The 2016 Iowa Legislative Session is still underway, but many bills have already become law this session. Most of the high profile debate has centered on school funding, water quality, and tax coupling, which we have written about extensively.
Ambiguous wills often lead to unfortunate family disputes. And such a dispute came before the Iowa Court of Appeals recently.
The Iowa Utilities Board voted 3-0 today to grant a hazardous liquid pipeline permit to Dakota Access, LLC under Iowa Code § 479B. The Board determined that the project would “promote the public necessity and convenience” as is required by the law.
Yesterday, the Iowa Court of Appeals granted a new trial to an excavation company in a trespass action. At trial, the jury found the excavation company liable for $118,900 in damages for trespassing onto a farmer’s property and clearing trees and brush from a 12-foot wide strip of his fence row. The new trial was not granted because of any question as to the actual trespass.
Welcome to March 1, a day with much significance for farmers:
- Farm Tax Returns Due
- Remember to Perfect Your Landlord's Lien
Parents often make lifetime gifts to their children, often as part of a farm or business transition planning strategy. These gifts often come under great scrutiny when the party receiving the gift is divorced from his or her spouse. During the dissolution proceeding, the spouse often argues that the gifted property should be subject to a fair division between the parties.
In a divided 2-1 opinion, a three-judge panel ruled yesterday that the United States Court of Appeals for the Sixth Circuit has original jurisdiction to determine the validity of the Clean Water Rule.
Although recent talk of eminent domain has centered on high profile projects such as the Dakota Access pipeline, a less discussed provision of Iowa law confers a narrow power of eminent domain upon private citizens in certain cases where a landowner has a “land locked” parcel. A recent case from the Iowa Court of Appeals details how this law is applied.
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