Property Rights

The federal government is closer to a “Waters of the United States” definition that is narrower, more predictable, and more consistent with the Constitution—but farmers should not mistake this for the end of the WOTUS saga.
A carefully drafted will or trust can transfer property ownership. It cannot, by itself, rewrite federal program eligibility rules. For that reason, attorneys and CPAs advising farmers should include FSA participation in the standard estate-planning checklist.
Agricultural land is more than an economic asset. It is also a bundle of legal rights – and those rights may be narrower, broader, or different from what a landowner initially assumes. Understanding exactly what those rights are is essential to protecting farm and ranch property for the future.
Barchart’s Darin Newsom shares his perspective on farmland ownership, data center development, and considerations for farm families evaluating potential land offers.
Farm legal expert Roger McEowen explains how two eminent domain cases could impact farmers, ranchers, and future infrastructure projects involving private land.
The growth of AI-driven data centers is creating new opportunities for rural landowners while raising questions about farmland use, water demand, electricity costs, and community impacts.
A proposed battery storage facility in Wheatland, Wisconsin, is raising questions about farmland, local control, and the state approval process.
Why Two Eminent Domain Cases Could Reshape Property Rights for Farmers and Ranchers
Data-center development is likely to remain one of the most significant land-use issues confronting agricultural and rural land in America in the coming decade.
A Kansas Court of Appeals ruling confirms that premarital agreements can waive future homestead rights, impacting farm succession planning, blended-family estates, property rights, fiduciaries, and agricultural attorneys statewide.