Overview The Kansas Court of Appeals recently issued a significant property-law decision in Clark v. McKee[1] involving a 40-acre Jefferson County farm and the severance of a joint tenancy with rights of survivorship. The court reached a result that may strike some as equitable under the facts. But in doing […]Read more »
Real Property
140 posts
What Farmers and Ranchers Need to Know Overview For many farmers and ranchers in the Midwest and West, the “fence line” isn’t just a physical boundary between pastures; it can also be a jurisdictional boundary between state and federal or tribal law. Navigating the complexities of Federal Indian Law is […]Read more »
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 »
Why “Social Justice” Theories are the Newest Threat to Your Property Rights Overview The Founders understood that the primary function of property law is to provide certainty and stability. Property rights were so important that they are enshrined in the Bill of Rights. The Fifth Amendment to the Constitution requires […]Read more »
Identifying and Resolving Common Clouds on Farmland Titles Overview In the world of agricultural real estate, “clean title” is more than a legal formality—it is the bedrock of collateral for operating loans, USDA program eligibility, and long-term land stewardship. Unlike urban residential plots, farmland carries a unique set of historical […]Read more »
Identifying and Resolving Common Clouds on Farmland Titles Overview In the world of agricultural real estate, “clean title” is more than a legal formality—it is the bedrock of collateral for operating loans, USDA program eligibility, and long-term land stewardship. Unlike urban residential plots, farmland carries a unique set of historical […]Read more »
Balancing Opportunity and Risk in Non-Traditional Land Finance Overview For many farmers, the “Contract for Deed” or installment contract is a vital bridge to land ownership when traditional bank financing isn’t an option. However, because the seller retains legal title until the final penny is paid, the stakes are incredibly […]Read more »
Local Infrastructure Projects and Railroads Overview I am continuing the journey through what I view as the “Top 10” developments in agricultural law and taxation during 2025. With this article I take a look at number nine – a key case from Iowa involving local infrastructure projects and railroads. The […]Read more »
A Win (for now) for the Constitution and Economic Efficiency Overview A significant development in the realm of property rights and carbon capture and storage (CCS) projects unfolded on December 2, 2025. In the case of North Dakota Landowners Association, et al. v. North Dakota, et al., No. 05-2023-CV-00065, Bottineau Co. […]Read more »
Zoning Issues That Can Kill Your Rural Dream Overview Buying a rural property is an exciting prospect, offering privacy and freedom, but it comes with a unique set of challenges, most notably zoning and land use restrictions. Before committing to a purchase, it’s absolutely critical to confirm the land’s current […]Read more »