Iowa Resources

 

 

We have written detailed reviews of Iowa law impacting agricultural producers and landowners. Access these reviews by clicking on the tiles below. You can also review Iowa cases on a particular subject by searching our list of Iowa case law reviews at the bottom of this page.

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On July 3, 2019, the Iowa Court of Appeals issued a ruling regarding the creation of an easement over the boundary of a gravel road. The court found that because the owner of the property did not have notice of an easement claim, no easement was created.

On June 21, the Iowa Supreme Court held that three siblings failed to show that their father was a “vulnerable elder” subject to elder abuse by their brother and nephew.

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 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.

May 19, 2019 | Kristine Tidgren and Kitt Tovar

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:

April 30, 2019 | Kristine A. Tidgren

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.

Last week, the Iowa House and Senate passed HF 768, a bill to enhance Iowa’s Beginning Farmer Tax Credit Program.

April 26, 2019 | Kristine A. Tidgren

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.

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.

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