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- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (29)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (23)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (21)
- Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4) (21)
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- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (11)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (8)
- Evolving Regional Frameworks for Ag-to-Urban Water Transfers (December 11) (4)
- Who Governs the Public Lands: Washington? The West? The Community? (September 28-30) (4)
- Articles (2)
- Articles, Book Chapters, & Popular Press (2)
- Elisabeth Haub School of Law Faculty Publications (2)
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- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Sturm College of Law: Faculty Scholarship (2)
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Articles 1 - 30 of 165
Full-Text Articles in Agriculture Law
Alternatives To High Nebraska Agricultural Land Real Estate Taxes, Part 2 Of 2: Like-Kind Exchange, Austin Duerfeldt
Alternatives To High Nebraska Agricultural Land Real Estate Taxes, Part 2 Of 2: Like-Kind Exchange, Austin Duerfeldt
Extension Farm and Ranch Management News
In part one of this series of articles, I touched on the idea that, when holding land as an investment, considering alternatives is important. We discussed the process of selling the ground, paying the capital gains and then investing in alternatives such as stocks. Here in part two, we will continue to consider the question of agricultural land being the correct investment for your portfolio but will take a different alternative approach. Now, we will look at like-kind exchanges.
1031 Like-Kind Exchange
With a 1031 like-kind exchange, we are taking a real property asset and exchanging it for another real …
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
No Farms No Food? A Response To Baylen Linnekin, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
You have likely seen the bumper sticker, bold white text on a green background, reading “No Farms No Food.” The sticker is a product of, and in fact a tagline for, the American Farmland Trust. On the one hand, the point is obvious: As American Farmland Trust puts it, “[e]very meal on our plates [c]ontains ingredients grown on a farm. We all need farms to survive.” On the other hand, what seems like a plain statement on its face, “no farms no food,” is not so simple. Farms produce affordable food, they produce vast quantities of food, they produce healthy …
Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley
Unforeseen Land Uses: The Effect Of Marijuana Legalization On Land Conservation Programs, Jessica Owley
Articles
This Article explores the tension between land conservation and marijuana cultivation in the context of legalization. The legalization of marijuana has the potential to shift the locations of marijuana cultivation. Where cultivation need no longer be surreptitious and clandestine, growers may begin to explore sanctioned growing sites and methods. Thus, the shift to legalization may be accompanied by environmental and landuse implications. Investigating commercial-scale marijuana cultivation, this Article details how, in some ways, legalization can reduce environmental impacts of marijuana cultivation while also examining tricky issues regarding tensions between protected lands and marijuana cultivation. If we treat cultivation of marijuana …
Feeding The Eco-Consumer, Alexia Brunet Marks
Feeding The Eco-Consumer, Alexia Brunet Marks
Publications
There is a lot of talk about making our food system more “sustainable,” and eco-consumers — those who consider environmental sustainability as an important purchasing priority — are making themselves heard. This growing consumer segment is rapidly gaining national attention for moving more sustainable products to the market, and for its willingness to pay more for these options. However, while economists normally predict that higher prices lead profit-minded suppliers to enter a market to meet a new and growing demand, this transition is not occurring at the pace one would expect.
This Article argues that land tenure status — whether …
Immovable-Associated Equipment Under The Draft Mac Protocol: A Sui Generis Challenge For The Cape Town Convention, Benjamin Von Bodungen, Charles W. Mooney Jr.
Immovable-Associated Equipment Under The Draft Mac Protocol: A Sui Generis Challenge For The Cape Town Convention, Benjamin Von Bodungen, Charles W. Mooney Jr.
All Faculty Scholarship
UNIDROIT is in the process of adopting a fourth Protocol under the umbrella of the Cape Town Convention, the MAC Protocol, which will cover mining, agricultural and construction equipment. This article addresses a challenge faced by the MAC Protocol that was not encountered in the development of the previous Protocols - the potential for MAC equipment to be associated with immovable property in ways that result in the holder of an interest in the immovable property acquiring an interest in the associated MAC equipment under the law of the State in which the immovable property is located. The article first …
Land Tenure And Sustainable Agriculture, Jesse Richardson
Land Tenure And Sustainable Agriculture, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler
The Horne Dilemma: Protecting Property's Richness And Frontiers, Lynda L. Butler
Faculty Publications
In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …
Regulating The Underground: Secret Supper Clubs, Pop-Up Restaurants, And The Role Of Law, Sarah Schindler
Regulating The Underground: Secret Supper Clubs, Pop-Up Restaurants, And The Role Of Law, Sarah Schindler
Sturm College of Law: Faculty Scholarship
Instagram pictures of elegantly plated dinners, long farm-style tables, and well-to-do people laughing in what looks like a loft apartment are followed by commenters asking, “Where is this?” This is the world of underground dining. Aspiring and established chefs invite strangers into their homes (or their friends’ stores after hours, or the empty warehouse at the edge of town, or the nearest farm) for a night of food and revelry in exchange for cash. Although decidedly anti-establishment, these secret suppers and pop-up restaurants are popular — there are websites to help people locate them, and many respected publications have penned …
From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis
From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis
Articles
No abstract provided.
The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula
The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula
Elisabeth Haub School of Law Faculty Publications
In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while others are capitalizing on land as an increasingly promising source of financial returns. Proponents argue that these investments can support economic development in host states while boosting global food production. But critics charge that these “land grabs” disregard land users' rights and further marginalize already …
Of Backyard Chickens And Front Yard Gardens: The Conflict Between Local Governments And Locavores, Sarah Schindler
Of Backyard Chickens And Front Yard Gardens: The Conflict Between Local Governments And Locavores, Sarah Schindler
Sturm College of Law: Faculty Scholarship
Locavores aim to source their food locally. Many locavores are also concerned more broadly with living sustainably and decreasing reliance on industrial agriculture. As more people have joined the locavore movement, including many who reside in urban and suburban areas, conflict has emerged between the locavores’ desires to use their private property to produce food — for personal use and for sale — and municipal zoning ordinances that seek to separate agriculture from residential uses. In this article, I consider the evolution of this conflict and its implications for our systems of land use, local government, and environmental law. Specifically, …
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Slides: Groundwater Law And Administration: From Conflict To Reform, Michael A. Gheleta
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Michael A. Gheleta, Brownstein Hyatt Farber Schreck LLP, Denver, CO
14 slides
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Adam Schempp, Environmental Law Institute, Washington, DC
12 slides
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
Slides: Opportunities: Softer Paths?, Sarah Bates
Slides: Opportunities: Softer Paths?, Sarah Bates
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Sarah Bates, Public Policy Research Institute, University of Montana
2 slides
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Slides: Challenges For Reclamation: A Western States' Perspective, Craig Bell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Craig Bell, Western Water States Council, Midvale, Utah
9 slides
Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby
Slides: Regional Energy-Water Resilience Under Climate Change, Bonnie G. Colby
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Dr. Bonnie G. Colby, Professor of Resource Economics & Hydrology, University of Arizona
24 slides
Slides: Indian Water Rights, Robert T. Anderson
Slides: Indian Water Rights, Robert T. Anderson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School
19 slides
Slides: Economic Incentives For Demand Reduction, Christopher Goemans
Slides: Economic Incentives For Demand Reduction, Christopher Goemans
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Christopher Goemans, Department of Agriculture & Resource Economics, Colorado State University
17 slides
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Slides: Market-Based Stream Flow Restoration And Mitigation, Amanda Cronin
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Amanda Cronin, Washington Water Trust, Seattle, WA
23 slides
Slides: Status Of Southern Nevada Water Authority (Snwa): Third Intake Into Lake Mead And Groundwater Project, Kay Brothers
Slides: Status Of Southern Nevada Water Authority (Snwa): Third Intake Into Lake Mead And Groundwater Project, Kay Brothers
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Kay Brothers, Southern Nevada Water Authority (SNWA), Las Vegas, NV
37 slides
Slides: Northern Integrated Supply Project, Northern Front Range--Colorado, Don Carlson
Slides: Northern Integrated Supply Project, Northern Front Range--Colorado, Don Carlson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Don Carlson, Northern Colorado Water Conservancy District
20 slides
Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt
Slides: Transboundary Solutions: A Water Trust, Policy, And Environmental Flows For The Colorado River Delta, Jennifer Pitt
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jennifer Pitt, Environmental Defense Fund, Boulder, CO
26 slides
Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols
Slides: Water Leasing In The Lower Arkansas Valley: The "Super Ditch Company", Peter Nichols
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Peter NIchols, Trout, Raley, Montano, Witwer & Freeman, Denver, CO
28 slides
Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch
Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Steve Malloch, Senior Western Water Program Manager, National Wildlife Federation, Seattle, WA
38 slides
Slides: Delta Overview, Leo Winternitz
Slides: Delta Overview, Leo Winternitz
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Leo Winternitz, The Nature Conservancy, California Water Program, Sacramento, CA
17 slides
Slides: Water Towers In The Balance: Time For A New Water Project, Rick Cables
Slides: Water Towers In The Balance: Time For A New Water Project, Rick Cables
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Rick Cables, U.S. Forest Service, Rocky Mountain Region
9 slides
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.
This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.
Slides: Unquenchable, Robert Glennon
Slides: Unquenchable, Robert Glennon
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert Glennon, Morris K. Udall Professor of Law and Public Policy, James E. Rogers College of Law, University of Arizona
56 slides