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.

Search Iowa Resources

On June 29, 2022, the Iowa Court of Appeals affirmed the dismissal of a negligence lawsuit against a title company. The title company prepared an abstract for a sale of land, but failed to identify a sewer easement. Although the title company made an error, the Court of Appeals held that this mistake was not the proximate cause of the buyer’s alleged injury.

On June 15, 2022, the Iowa Court of Appeals determined the primary beneficiary of a $3.5 million individual retirement account (IRA). Before passing away, the decedent opened an IRA and executed a beneficiary designation form. The court affirmed that the form was not ambiguous and clearly showed the decedent’s intent to name his wife as the primary beneficiary of the IRA.

On July 20, 2022, the Iowa Court of Appeals affirmed that a surviving spouse inherited one-half of the deceased spouse’s interest in real property as well as the proportional share of the mortgage. The court held that the probate code does not give a surviving spouse a special privilege to inherit an unencumbered homestead at the expense of the other beneficiaries.

On June 29, 2022, the Iowa Court of Appeals issued an opinion involving a partition action and the subsequent assessment of attorney fees and costs. After three siblings filed a petition seeking a partition in kind against their other two siblings, the five siblings agreed to a partition in kind for the “heirs property” they owned as tenants in common. See Iowa Code § 651.1(5). Because the division was equitable and practicable, the Court of Appeals affirmed the referee’s recommendation. However, the court held that the district court erred in taxing all costs against the defendants.

July 10, 2022 | Kristine A. Tidgren

On June 30, 2022, the Iowa Supreme Court, in a 4-3 decision, overruled 18-year-old precedent to find that Iowa’s right to farm statute, Iowa Code § 657.11, does not violate the inalienable rights clause of the Iowa Constitution. This decision generally restores statutory immunity from nuisance lawsuits seeking special damages for many animal feeding operations.

June 1, 2022 | Tax Implications of a Farmland Lease

On June 24, 2022, the Iowa Supreme Court affirmed that allowing the public to use an easement does not establish a public dedication. A landowner granted a written access easement to his family members and invitees. Because there was clear evidence the landowner did not intend to dedicate the easement, the Court affirmed that the driveway was not for public use.

On June 17, 2022, the Iowa Supreme Court affirmed that the ten-day deadline to post a notice of commencement of work applies to general contractors, not subcontractors. See Iowa Code § 572.13A. After a developer defaulted on a residential project, the bank initiated a foreclosure action claiming to have priority over the mechanics’ liens filed by two subcontractors on the property. Considering the statute as whole, the Court concluded that the subcontractors properly filed the required notices and, thus, had priority over the bank’s mortgages.

On June 15, 2022, the Iowa Court of Appeals reversed a grant of summary judgment in a drainage dispute in favor of the City of Council Bluffs, the owner of the dominant estate. A couple alleged that improvements on the city property caused erosion and flood damage to the couple’s two servient properties. The court held that the express drainage easement only governed one property. Additionally, the statute of limitations did not bar the plaintiffs’ nuisance claim because the alleged offense was continuous rather permanent. Accordingly, the Court of Appeals reversed the district court’s grant of summary judgment in favor of the city and remanded the action for further proceedings.

On May 6, 2022, the Iowa Supreme Court held that all claims involving administration of an estate must be asserted during the probate proceedings. A beneficiary of a will disputed the fees awarded to the personal representative of the estate. After the probate court reduced the fees awarded, the beneficiary initiated a separate lawsuit seeking damages. Because all estate administration disputes must first be raised during the probate proceedings, the Court affirmed the grant of summary judgment in favor of the personal representative.

On May 6, 2022, the Iowa Supreme Court affirmed that a drainage district improperly reclassified the benefits of a drainage tile repair project. A reclassification commission assessed the benefits conferred upon the railroad company at 100 percent because compliance with federal railroad safety regulations essentially doubled the cost of the project. The Court determined that only the benefit of the drainage repair project, not its cost, could be considered during reclassification.

On May 6, 2022, the Iowa Supreme Court affirmed that court approval is required to modify an irrevocable trust once one of the settlors has died. After one spouse passed away, a couple’s joint trust became irrevocable. The surviving spouse attempted to modify the trust by obtaining the written consent of all the trust beneficiaries. The Court ruled that the amendment was invalid because irrevocable trusts may be modified by either obtaining the consent of all the settlors and beneficiaries or by obtaining court approval. Iowa Code § 633A.2202-.2203. Here, because one of the settlors had died, she could not provide her consent, and court approval was required.

On May 19th, 2021, Governor Reynolds signed SF 356 into law establishing the “Iowa Agricultural Tourism Promotion Act.” See Iowa Code § 673A et seq. Agricultural tourism is a growing industry in Iowa. In 2017, Iowa had 350 agritourism operations, an increase from 275 in 2012.

Photo with gavel, file folder, clock and money surrounding the word Probate spelled in wooden blocks
May 10, 2022 | By Jennifer Harrington

Probate is a court-supervised process for transferring assets after death. While the term “probate” often describes the process by which the court administers a will, probate may be required for those who die without a will as well. The probate process seeks to ensure an orderly transfer of assets, all the while protecting the rights of creditors and heirs.