Indiana Agricultural Law Foundation

Indiana Agricultural Law Foundation INAgLaw supports litigation which has the potential to establish legal precedent and clarity on matters of concern to the agricultural community in Indiana. INAgLaw seeks to further the understanding of agricultural legal issues within the agricultural community, the public, and the judicial branch of government. This past year saw the culmination of several cases supported by INAgLaw. Two cases resulted in the clarification of Indiana law regarding takings and temporary, but inevitably recurring flooding of farmland. Each of these cases were considered by our Indiana Supreme Court. Also, the California initiative, Prop 12, which imposed production practices on farmers desiring to sell products there, was decided by the U.S. Supreme Court. Additionally, the Sackett WOTUS, clean water case was decided by the U.S. Supreme Court and provided clarification of the definition of navigable waters which is significant to all facets of agriculture. Both the Prop 12 case and Sackett case were supported by INAgLaw by participation in Amicus Curiae briefs.

INAgLaw creates and supports educational programs that address legal issues facing farmers. Estate and succession planning impacts every farm in the state of Indiana. INAgLaw recognizes the significant role the Foundation can play in educating farmers in this area. In July 2023, INAgLaw held the tenth installment of its annual series Estate and Succession Planning for the Family Farm. This virtual program offered CLE credits to attending attorneys. INAgLaw coordinated the third installment of the Agricultural Planning and Zoning School, and updated the Agricultural Zoning Guide which is generally available to Indiana agricultural stakeholders. INAgLaw sponsored the American Agricultural Law Association annual meeting and the Indiana Farm Bureau Drainage School. CLE credits were offered to attending attorneys for both drainage and agricultural planning and zoning schools. INAgLaw also facilitated numerous telephone calls and Zoom meetings on agricultural law issues, solar leasing considerations and continues to help farmers find attorneys to represent their interests when necessary.