Overview In Ragsdale v. Timmer,[1] the United States District Court for the District of Kansas addressed a common friction point in agricultural litigation – the attempt to exclude highly experienced but “non-scientific” expert witnesses. The defendants sought to exclude the testimony of a long-time Land Grant University extension specialist, challenging […]Read more »
Civil Liabilities
123 posts
New Protections for Property Rights, Water, and Rural Assets Overview The 2026 Kansas legislative session has been particularly active concerning agriculture and rural landowners, with lawmakers focusing heavily on property rights and water management. Several key bills have been signed into law that directly impact how Kansans farm, ranch, and […]Read more »
Proactive Steps for Dairy Farmers Overview For dairy farmers, the health of the herd is the heartbeat of the business. When cows begin to fall ill, milk production drops, or calves die unexpectedly, the emotional and financial toll is staggering. Often, the culprit is an invisible one: stray voltage. While […]Read more »
Protecting the Bottom Line when Disaster Strikes Overview The recent prairie fires across Oklahoma and Kansas have left cattle ranchers facing a complex landscape of legal and tax hurdles. Beyond the immediate devastation of lost forage and livestock, the recovery process involves navigating federal disaster programs, IRS regulations on involuntary […]Read more »
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 »
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 »