Overview It’s been a while since I last did an case and ruling update. So, today’s post is one of several that I will post in the coming weeks. Some recent developments in the courts and IRS – it’s the topic of today’s post. Retained Ownership of Minable Surface Negates […]Read more »
Civil Liabilities
119 posts
Overview Those old enough may remember an episode from the Andy Griffith show where Gomer makes a citizen’s arrest of Deputy Fife for making an illegal U-turn in Mayberry. Sheriff Taylor made the Deputy write out a ticket for himself because the situation with the observing townspeople was getting blown […]Read more »
Overview A recent decision by the U.S. Court of Appeals for the Fourth Circuit involving the crash of a crop duster provides some key insight as to how risk should be allocated in agricultural aviation contracts, particularly in the context of aerial pesticide application. It also speaks as to how […]Read more »
Overview Private property rights are a fundamental constitutional right, and three recent court developments have made that point. Two cases involved the protection of private property and a third one involved rights to hunt, fish and otherwise utilize public lands. Ag law in the courts and property rights – it’s […]Read more »
Introduction Boundary issues are not uncommon in rural settings. What if a survey doesn’t match an existing fence line? What controls? How is the actual legal property boundary determined? Can an existing fence that is not on the actual surveyed line between two tracts of farmland become the legal boundary? […]Read more »
What Might Happen in the Lame-Duck? Now that the election is over, what are the prospects for legislation during the “lame-duck” session given that there are (at the present time) only about 15 legislative days remaining? I categorize the possibilities into three categories – legislation that “must pass” during the […]Read more »
Overview The legal and tax issues that farmers and ranchers can potentially face are practically innumerable. Today I have pulled four more out of the hat to briefly discuss. The first one is one that can occur if you have a C corporation and retain too much of the corporate […]Read more »
Overview Agricultural law and taxation is very dynamic. It deals with real issues facing farmers and ranchers and isn’t just legal theory that one sits around and contemplates – it’s reality. With today’s article, I look at a few more common issues facing farmers, ranchers and rural landowners in general. […]Read more »
Merger Clauses in Contracts Normally the terms of a written contract define the parameters of a deal. That’s particularly the case if the contract contains a “merger” clause. That’s a clause that says the terms of the written agreement constitute the entire understanding of the parties. But, without a merger […]Read more »
Overview The Kansas Supreme Court has affirmed two lower courts with all of the opinions providing a thorough explanation of property rights with respect to road ditch rights-of-way, as well as the common law of trespass and nuisance and the application of the Kansas Right-to-Farm law. The case involved what […]Read more »