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Real Cases in Real Estate By Andrea Lee Negroni, Esq. – July 9th, 2012 Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

County Zoning can be a Minefield for Livestock Producers Wanting to Expand

Not all counties are created equal when it comes to zoning. Recently, I’ve been involved in a number of zoning disputes in different Indiana counties. It’s remarkable to me that a farm situated on a county line—as many farms are—will face drastically different zoning requirements...

Dalzell v. Country View: Neighbors' Suit Against Hog Farm "Doesn't Fly"

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP The Seventh Circuit Court of Appeals in Chicago, Illinois, has decided a nuisance suit in favor of a Randolph County hog farmer. The case, Dalzell v. Country View Family Farms, LLC , involved an appeal from the district court that held...

Tractor with Sprayer

Indiana Lawyer: Farm Smells Ignite Debate, No Consensus

I was recently quoted in the Indiana Lawyer, which published an article about farm nuisance, the Right to Farm Act, and urban sprawl into the country side: Before dinner can be prepared and served at the table, the food has to be raised on a farm. However, Old MacDonald’s Farm with its placid...

farmer laptop corn field

agriculture network

drone helicopter farm

farmer ipad cows barn

Does Your Lease Address Big Data?

I've drafted and reviewed dozens of farmland leases over the years, but I yet to see a lease that addresses the issues associated with ownership and transfer of farm data. As farmers embrace new data storage and analytic tools, it’s time to modernize the traditional farm lease to address farm...

Big Data in Farm Leases: When the Landlord Wants Control

In my previous post, I discussed some ideas for drafting a lease to make sure that the tenant owns the farm data created during the lease. Another scenario arises when the landlord wants control of the farm data generated by the tenant. This might be the case where the landlord makes land management...

Big Data in Farm Leases: When Landlord and Tenant Both Want the Data

In my last two posts, I discussed what provisions one might add to a farm lease when either the landlord or the tenant wants ownership of farm data generated during the lease. Another scenario arises when the landlord and tenant both want equal access to the farm data. In this situation, the lease should...