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 November 4, 2020, the Iowa Court of Appeals issued an opinion regarding the distribution of farm property in a will. The will created a sale restriction on the farmland and listed several requests regarding future treatment of the testator’s farm tenant. The court affirmed that the sale restriction created an unenforceable restraint on alienability. Additionally, the court ruled that the decedent’s requests for the beneficiary to lease the farmland to the current tenant and provide favorable  terms to that tenant were optional, not mandatory.

October 27, 2020 | Kristine A. Tidgren

As October comes to an end, it may be helpful to review the Iowa Department of Revenue’s tax filing deadlines during this crazy year. A recent news release from IDOR details this information.

October 27, 2020 | Kristine A. Tidgren

It has certainly been a year of challenges. COVID-19 triggered widespread economic harm, a once-in-a-lifetime derecho flattened fields and pummeled grain bins, and drought compounded the damage. Because of these disasters, most farmers received some unexpected payments in 2020.

On October 7, 2020, the Iowa Court of Appeals issued an opinion on whether a document signed by the trust grantor the day before he passed away was an amendment to his estate plan or merely instructions to his attorneys to redraft the plan. Because the document was “vague, obscure, and ambiguous,” the court affirmed that it was not an amendment to the trust.

On October 27, 2020, the EPA announced that it had approved the applications of Bayer and BASF for new registrations of dicamba-based XtendiMax and Engenia for over-the-top use on dicamba-tolerant cotton and soybeans. It also approved Syngenta’s application for a label amendment to extend the December 20, 2020, expiration date for dicamba-based Tavium.

On October 7, 2020, the Iowa Court of Appeals reversed a district court order which had denied a farming cooperative summary judgment on a claim of negligent hiring. The claim arose in a wrongful death lawsuit brought by the estate and family members of a farmer killed when an employee of a trucking company drove into the back of the farmer’s tractor with a grain truck. The court ruled that the cooperative could not be liable for the negligent hiring of its independent contractor’s employee.

October 15, 2020 | Kitt Tovar

On October 7, 2020, the Iowa Court of Appeals issued an opinion concerning a city’s intent to develop land for a park and new high school. A landowner claimed the city committed an unconstitutional taking when it “earmarked” approximately nine acres of land for a potential right-of-way. Because the plans to acquire the land were theoretical, the court affirmed that the city did not create a servitude or uneconomical remnant.

On September 23, 2020, the Iowa Court of Appeals issued an opinion considering whether a release of liability waiver was a binding and enforceable contract. After a passenger of a semi-tractor was injured in an accident, she sought damages against the owner of the vehicle for the injuries sustained. The court affirmed that the waiver signed by the passenger was a valid release of her claims.

September 11, 2020 | Kitt Tovar

On September 2, 2020, the Iowa Court of Appeals issued an opinion regarding a claim for a breach of contract of a farm lease and for replevin. Without a written lease, the trial court analyzed the conduct and credibility of both parties in order to determine whether the farm lease was modified. The court affirmed the district court’s award of damages for the landlord, but reversed the ruling denying replevin of farm equipment.

On September 2, 2020, the Iowa Court of Appeals affirmed the award of damages to a landlord for the breach of a pasture lease. The court declined to address the merits of the case because the tenant failed to preserve error.

August 31, 2020 | Kitt Tovar

Iowa land is is some of the most productive in the world. As settlers began arriving to the area, they encountered many swamps and sloughs making agriculture production difficult. To address the excess water, individual property owners drained their land using underground pipes, pumps, and open ditches to move excess surface water away from cropland.

On August 25, 2020, Governor Reynolds announced that she was allocating $100 million of Iowa CARES Act relief funds to new agricultural programs created to offset the impact of COVID-19 on farmers and renewable fuel businesses. Several of these programs are administered by the Iowa Economic Development Authority (IEDA) and the others are administered by the Iowa Department of Agriculture and Land Stewardship (IDALS). The requirements of these programs, as well as the rapidly approaching application deadlines, are detailed below.

August 19, 2020 | Kristine A. Tidgren

A recent case from the Iowa Court of Appeals illustrates how redemption works after a farm foreclosure and warns debtors that they must strictly follow the letter of the law to redeem their land.

Despite the recess for COVID-19, the Iowa Legislature passed many laws this term, many of them effective July 1, 2020. Below is summary of the new Iowa laws impacting agricultural producers and rural landowners.

On July 22, 2020, the Iowa Court of Appeals issued an opinion in a case seeking to set aside fraudulent transfers of a farm and three parcels of real estate. The court affirmed the district court’s order setting aside the transfer of the three parcels of land, but reversed the decision to set aside the transfer of the farm. The court ruled that the statute of limitations prevented the court from setting aside the otherwise fraudulent transfer of the farm.