Property Rights - Lamson Dugan & Murray LLP

12 Feb, 2015

Court Finds Manure Not So Refreshing and May Be Subject to Resource Conservation and Recovery Act

Sean Minahan2018-04-23T18:22:20-05:00February 12th, 2015|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Property Rights|

According to the Seinfeld character George Costanza; "If you consider the other choices "manure" is actually pretty refreshing." Seinfeld - My Boyfriend - YouTube. Well, a Washington Federal Court disagrees; meaning dairy and other livestock operations may have to re-analyze their manure management practices. In Community Association for Restoration of the Environment (CARE) v. Cow Palace, LLC, et al, the United States District Court for the Eastern District of Washington ruled [...]

11 Aug, 2014

Missouri Passes “Right-to-Farm” Constitutional Amendment 1

Sean Minahan2018-04-23T18:22:20-05:00August 11th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Property Rights|

On August 6, Missouri narrowly passed the "Right-to-Farm" amendment by 2,500 votes. Section 35 Article 1 of the Missouri Constitution will soon read: That agriculture which provides food, energy, health benefits, and security is the foundation and stabilizing force of Missouri's economy. To protect this vital section of Missouri's economy, the right of farmers and ranchers to engage in farming and ranching practices shall be forever guaranteed in this state, subject to [...]

4 Jun, 2014

Nebraska Supreme Court finds Farmers Not Liable for Car Accident Caused by Tall Corn

Sean Minahan2018-04-23T18:22:21-05:00June 4th, 2014|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law, Property Rights|

On October 6, 2007 Thomas Latzel and Daniel Vanekelenburg were involved in a car accident with Patrick Gaughen at the intersection of County Road T and Count Road 17. Three years later, Thomas Latzel would die from the injuries he incurred in the accident. Thomas' wife, Amanda Latzel, brought a lawsuit against Ronald and Doug Bartek alleging they negligently planted corn too close to the intersection causing the accident. It [...]

19 May, 2014

Hot Water Topics II: Farmers Join In Suit v. Corps of Engineers for Missouri River Flooding

Sean Minahan2018-04-23T18:22:21-05:00May 19th, 2014|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Property Rights, Water Law|

Over 200 Landowners, farmers and small-business owners have joined the lawsuit Ideker Farms, Inc. et al v. United States of America alleging they incurred property damage as a result of the U.S. Army Corps of Engineers' management of the Missouri River from 2006 to 2013. Reuters May 5, 2014. The lawsuit alleges the Army Corps of Engineers changed their priorities from flood management to environmental management; resulting in increased frequency and severity of flooding [...]

2 Aug, 2013

Property Rights Along Waterway: What Nebraska Land Owners and Float Trippers Need to Know.

Sean Minahan2018-04-23T18:22:21-05:00August 2nd, 2013|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Property Rights, Water Law|

Float trips on the Dismal River, Platte River, and Niobrara in Nebraska, the Gasconade, Little Piney and Big Piney in Missouri and the North Platte in Wyoming make up some of my fondest memories. On every one of those float trips, without fail, nature calls on somebody in the group and a decision has to be made as to where can we stop, and how long can we stick around? This issue came to a [...]