Overview Over the past three years, I have written on a couple of occasions about the accommodation doctrine – a mineral owner’s right to use the surface estate to drill for and produce minerals. The doctrine requires a balancing of the interests of the surface and mineral owner. But, at […]Read more »
Water Law
51 posts
Overview With today’s article I start my annual trek through what I believe to be the “Top 10” ag law and tax developments of the previous year. It’s always difficult to determine the ten “big ones.” I start with a much larger list and slowly pair it down. Some significant […]Read more »
Introduction I have been on the road with seminars a lot recently and haven’t had time to write much for the blog. I am off the road now for a few days and thought I’d take a moment to write about a few more legal and tax issues that farmers […]Read more »
Buy-Sell Agreements Buy-sell agreements can be very important to help assure smooth transitioning of the business from one generation to the next. But it’s important that a buy-sell agreement be carefully drafted and followed. In my view, next to a properly drafted will or trust, a buy-sell agreement is often […]Read more »
Overview I have started a new Substack that contains the “Rural Practice Digest.” You can access it at mceowenaglawandtax.substack.com. While I will post other content from time-to-time that is available without a paid subscription, the Digest is for paid subscribers. The inaugural edition is 22 pages in length and covers […]Read more »
Cranberry Bogs and the Clean Water Act Courte Oreilles Lakes Association, Inc. v. Zawistowski, No. 3:24-cv-00128 (W.D. Wis. Filed Feb. 28, 2024) The Clean Water Act regulates the discharge of pollutants from a fixed point into a water of the United States. Not regulated is water runoff from irrigation activities […]Read more »
Overview On August 7-8 in beautiful Coeur d’ Alene, ID, Washburn Law School the second of its two summer conferences on farm income taxation as well as farm and ranch estate and business planning. A bonus for the ID conference will be a two-day conference focusing on various ag legal […]Read more »
The following is a listing by category of my blog articles for the first quarter of 2023. Bankruptcy Failure to Execute a Written Lease Leads to a Lawsuit; and Improper Use of SBA Loan Funds https://lawprofessors.typepad.com/agriculturallaw/2023/02/failure-to-execute-a-written-lease-leads-to-a-lawsuit-and-improper-use-of-sba-loan-funds.html Chapter 12 Bankruptcy – Proposing a Reorganization Plan in Good Faith https://lawprofessors.typepad.com/agriculturallaw/2023/02/chapter-12-bankruptcy-proposing-a-reorganization-plan-in-good-faith.html Business Planning […]Read more »
Overview The legal issues in agricultural law and tax are seemingly innumerable. The leading issues at any given point in time are often tied to the area of the country involved. In the West and the Great Plains, water and grazing issues often predominate. Boundary disputes and lease issues seem […]Read more »
Overview After the first half of 2022, I posted a blog article of a bibliography of my blog articles for the first half of 2022. You can find that bibliography here: Bibliography – January through June of 2022 https://lawprofessors.typepad.com/agriculturallaw/2022/09/bibliography-january-through-june-of-2022.html. Bibliography of articles for that second half of 2022 – you […]Read more »