Property Rights
A Wyoming Supreme Court ruling reinforces the importance of legally enforceable access to agricultural property. Roger McEowen explains the ruling and its implications for agricultural landowners.
A Ninth Circuit ruling says federal sovereign immunity does not automatically bar ranchers from enforcing state-adjudicated water rights.
More than half of states now have restrictions as foreign interests hold around 46 million acres of U.S. farmland.
The concern is not whether clean water, clean air, healthy soil, and responsible stewardship are desirable. Of course they are. The concern is whether calling an environmental condition a “human right” provides a coherent legal rule.
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.
Nothing changes immediately. This is a supplemental proposal, and EPA will accept comments for 30 days after publication in the Federal Register before developing a final rule.
Roger McEowen examines recent court cases and explains what farmers and ranchers can learn about protecting their property rights.
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.