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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The Iowa Supreme Court recently provided an excellent overview of the rules governing the partition of concurrently owned property in Iowa. In reversing a court of appeals decision ordering a partition in kind, the Court reiterated that Iowa law favors partition by sale.
This December 20, 2016 webinar is designed for both practitioners and producers. Teaching this webinar is Dr. Keri Jacobs, an assistant professor and cooperatives extension economist in the Department of Economics at Iowa State University.
It has been estimated that the Internal Revenue Code and its accompanying regulations comprise more than 10 million words. The complexity is staggering. Yet, every taxpayer is expected to follow every mandate. Business taxpayers, including farmers, should always seek out trusted tax advisors to guide them through the thorny tax code. The money paid for good counsel is a wise and necessary investment.
The Iowa Court of Appeals today affirmed a half a million dollar judgment against Prestage Farms in a neighboring landowner’s nuisance lawsuit alleging that the company’s hog confinement substantially deprived her of the comfortable use and enjoyment of her property.[i]
Larry died intestate, survived by his third wife and sons from a previous marriage. So begins a recent opinion from the Iowa Court of Appeals.
The Iowa Supreme Court today issued an opinion clarifying the reach of Iowa Const. art. I, § 24. The Court ruled that the provision does not apply to lands suitable for agricultural purposes if only an incidental portion of the land is used for farming purposes. Iowa Const. art. I, § 24 states:
Last year, the Iowa Department of Revenue unveiled a new form for claiming the Iowa Capital Gain Deduction. IA 100 was designed to collect key information up-front, rather than after the fact, regarding transactions qualifying for the rather unique Iowa deduction.
This morning, the Iowa Supreme Court issued an opinion clarifying that an at-will contract with an independent contractor can be unilaterally modified prospectively, upon reasonable notice. A proposal for modification effectively terminates the original contract and offers new terms for acceptance. The modification can be accepted by performance or the contract terminates.
In the case at hand, the court affirmed a district court ruling finding that the City of Bettendorf violated that principle by initiating a new streambank-stabilization project without acquiring expanded easements from the impacted landowners.
During a financial downturn, the law of secured transactions becomes more important. More financial impairment means more disputes over who has priority in a pot that’s not large enough to go around. During these times, a key, but sometimes overlooked, component of debtor-creditor law—the law of agricultural liens—rises in importance. This fact sheet provides readers with a review of agricultural lien law in Iowa, included the creation, perfection, and enforcement of these nonconsensual, statutory liens.
A case from the Iowa Court of Appeals today highlights a little provision in an Iowa wind energy agreement that may have killed a contract for the sale of farmland. This case should remind anyone negotiating a wind energy agreement to understand the provisions and their consequences before you sign the agreement.
The Syngenta litigation reached a crucial milestone on September 26, 2016, when U.S. District Judge John W. Lungstrum issued an order certifying a nationwide class and eight statewide classes of producer plaintiffs in the multi-district litigation pending since 2014. Many farmers will soon receive notice informing them that they are automatically included in this class action, unless they choose to opt-out.
The Iowa Supreme Court heard oral arguments on September 14, 2016, regarding the common law claims set forth in the Des Moines Water Works complaint. The Court will now consider whether the lawsuit’s claims seeking money damages and injunctive relief can continue under Iowa law or whether the drainage districts are immune from these types of legal claims.
Note: On July 13, 2017, the Iowa Supreme Court granted a petition for further review of this case. We will keep you posted!
It is well-known that fewer people in the United States are getting married. In fact, according to the CDC, marriage rates in the United States have been in a steady decline since the 1980s. Conversely, cohabitation rates are steadily rising.