Agricultural Law for Iowa and Missouri

Missouri

County Road Bridge

As increasingly large farm equipment exceeds the capacity of county roads, disputes over easements increase.

Missouri Courts recently addressed issues relating to the increase in size and weight of farm equipment and resulting problems accessing farmland. As equipment gets larger and heavier, existing easements and roads that have been used for decades often become inadequate to allow farmer’s access to fields.

In Westrich Farms, LLC v. East Prairie Farm, LLC, a landowner’s tenant could no longer use a county road to access the farm because his large equipment exceeded the weight limits for a bridge on the county road that ran to the farm and had previously been used.  The issue for the court to decide was whether the landowner could establish a private road across his neighbor’s farm due to the county road becoming inadequate. Continue reading

Hog CAFOIn 2011, Missouri adopted a “right to farm” law (Missouri Revised Statute 537.296), which precludes recovery of non-economic damages caused by a nuisance that emanates from property used primarily for agriculture. This law effectively means that neighboring landowners are limited to recover the reduction in the fair market value for their property and any expenses for medical conditions resulting from the nuisance. Neighbors may not recover for non-economic damages, such as loss of use and enjoyment, inconvenience, or discomfort caused by a nuisance. Nuisances commonly associated with agricultural uses stem from confined animal feeding operations, or CAFO’s. Continue reading

Putting aside the many political controversies surrounding gun rights and the right to carry firearms, there are many practical as well as recreational purposes for having firearms on a farm.

There are, however, a number of ways a person may lose their right to possess firearms, as well as ammunition, regardless of the type of gun or the purpose for which it is used. These reasons may include felony convictions, the placement of a restraining or no contact order, and, in some cases, a history of substance abuse.

Below are steps that may be of assistance in restoring rights to possess firearms. This can be a complicated and long process. The information provided here is for informational purposes only and not a replacement for consultation with a licensed attorney. Continue reading