Eminent domain is government’s ability to “take” privately owned land for a public purpose in exchange for “just compensation” paid to the landowner. How far can the “public purpose” stretch? Could a public utility use eminent domain to take land
Latest from Janzen Agricultural Law LLC - Page 2
Air Emissions Win for Livestock and Poultry
Earlier this month, the U.S. District Court for the District of Columbia upheld the EPA’s rule exempting air emissions from animal waste from EPCRA reporting requirements. This is a significant win for farmers because it confirms that normal emissions from
Nuclear Advocates are Living in the Dark if They Think Rural America is Going to Embrace Microreactors
As attorneys working with livestock producers, farmers, and rural landowners, we often have a front row seat to see the issues arising from land use in rural areas. The past few years we have seen dramatic changes to the rural
The Key Elements of a Soil Carbon Contract
USDA may have removed climate change research from its website, but the private market continues to pursue solutions to climate change problems. One of the potential solutions involves sequestering carbon in farmland soil by increasing the amount of carbon dioxide
Is an AI-Drafted Contract Better Than No Contract?
Nearly every profession has been disrupted by the ability to “Google” the answer to a question. How do I fix a faucet leak? Google a how-to video instead of calling the plumber. How can I stop my knee from hurting?
New Review Standards Don't Apply to Zoning Appeals
Last year, Indiana’s legislature modified the appeal process for IDEM permits and other administrative law proceedings. I wrote about this change to the Administrative Orders and Procedures Act (“AOPA”) about a year ago. Those amendments had a similar impact
Indiana Senate Committee Advances Livestock Inspection Bill
Like many states, Indiana’s General Assembly is currently in session. There are a number of agricultural bills on deck this year, including one which would impact livestock and poultry farmers across the state. On February 3rd, the Indiana Senate Environmental
Revenue Management Software, AI, and Price Fixing Implications for Agriculture
One of the ways that artificial intelligence (AI) has been marketed to agricultural business owners is as a tool to improve market competitiveness. AI platforms promise to deliver real time market insights in a way that humans never could, since
Re-Examining Indiana Water Law in Light of Today's Competing Demands
In some ways, Indiana is completely unlike Arizona or California when it comes to water. For most of the past 50 years, our focus has been water quality, not quantity. Even now, when it comes to the water question in
45Z Brings Ag Data Questions
The Inflation Reduction Act (“IRA”) created many market incentives to combat climate change. One of these incentives is the issuance of tax credits to renewable fuel producers, called “45Z credits” due to their location in Section 45 of the Internal