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 April 30, 2021, the Iowa Supreme Court released an opinion on the predeath transfer of farmland. In an amended petition, the administrator of the estate requested that the court set aside several allegedly fraudulent real estate transfers. Because the claim in the amended pleading did not arise out of the same transaction as the original pleading, the petition to set aside the conveyance of farmland was barred by the statute of limitations.

On May 12, 2021, the Iowa Court of Appeals issued an opinion concerning the distribution of trust property and a testamentary option to purchase farmland. Because the testator clearly showed an intent to devise the trust property equally between his three sons, the court affirmed the district court’s construction of the will.

On May 12, 2021, the Iowa Court of Appeals ruled that a warranty deed was inaccurate due to a scrivener’s error and should be reformed to reflect the true intent of the parties.  

On May 12, 2021, the Iowa Court of Appeals published an opinion involving a personal injury settlement arising after an injury at county fairgrounds. After negotiating to settle for $12,500, the plaintiff learned that Medicare was seeking reimbursement in the amount $25,482 for conditional payments made on the plaintiff’s behalf. Because the district court properly applied contract law to the settlement agreement, the Court of Appeals affirmed the grant of summary judgment in favor of the fairgrounds’ owner.  

On May 12, 2021, the Iowa Court of Appeals released an opinion concerning the foreclosure of a mechanic’s lien. Because the contractor substantially performed the contract, the court affirmed the foreclosure. 

On April 30, 2021, the Iowa Supreme Court entered an opinion on the testate transfer of farmland. The testator devised farmland with a 20-year sale restriction provision. The Supreme Court affirmed that the restriction created an impermissible restraint on alienation and was void.

On April 28, 2021, the Iowa Court of Appeals issued a ruling on a claim for quiet title of certain real estate. Because Iowa laws on real estate transfers are designed to promote stability, the statute of limitations barred the plaintiffs claim and the court affirmed the district court’s ruling.

On April 28, 2021, the Iowa Court of Appeals affirmed, as modified, the district court’s remedy in a lawsuit seeking an accounting and a determination of the proper ownership interest of a deceased member of a family farm LLC.   

April 27, 2021 | Kitt Tovar Jensen & Guido van der Hoeven

In this video, CALT staff discuss common terminology used in the estate planning and farm succession planning process. 

On April 14, 2021, the Iowa Court of Appeals issued a ruling on a foreclosure of agricultural real estate. After the borrower defaulted on two mortgages, the creditor petitioned to foreclose on the properties. Because the creditor gave proper notice 12 months prior to the default, the borrower no longer had the right to cure and the court affirmed the foreclosure decree.

On April 14, 2021, the Iowa Court of Appeals issued a ruling in a dispute over a conservatorship. Two sisters separately incurred substantial attorney fees in a court battle over the proposed conservatorship of their mother. The court found that the district court did not abuse its discretion in determining that the mother, as the proposed protected person, would pay for her daughter’s attorney fees.

On April 14, 2021, the Iowa Court of Appeals issued a ruling regarding an interference with an easement. The plaintiff had a written easement over the neighboring property to access 40 acres of farmland. Because the defendant substantially interfered with the plaintiff’s easement rights, the court affirmed a permanent injunction entered by the lower court.

April 9, 2021 | Kitt Tovar Jensen

The 2018 Farm Bill required the USDA to create a regulatory framework for the production of hemp in the United States. States and Tribes can choose to operate under the Federal plan or submit their own plan for approval. Federal regulations require producers to obtain a license from the USDA, State, or Tribal hemp program which has jurisdiction over the intended growing location.

March 17, 2021 | Kitt Tovar Jensen

On March 17, 2021, the Iowa Court of Appeals issued an opinion regarding a will dispute. The will, among other things, created an option for certain beneficiaries to obtain ownership of the farmland subject to various terms and restrictions. Because the will gave the probate court authority to determine the reasonableness of the terms for the transfer of farmland, the court ruled that the probate court properly exercised its authority in resolving the beneficiaries’ disputes.

March 18, 2021 | Kristine A. Tidgren

It’s been difficult enough to keep up with federal tax changes this year, let alone worry about how Iowa is treating these changes. Confusion has been complicated by the fact that many software companies have not adjusted their products to comply with Iowa law.

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