The Iowa Supreme Court, in Rosauer Corporation v. Sapp Development, L.L.C., held the implied warranty of workmanlike construction does not apply to the sale of vacant land. 856 N.W.2d 906 (Iowa 2014). As such, the developer could not maintain an action against the seller of the lot without a dwelling. […]
Dirt Alert
104th Nebraska Legislature, First Session: Real Estate, Renewable Energy and Municipal Law Update – Part 10 (Days 45 – 53)
The ninety day first session of the 104th Nebraska Legislature is now over half complete. Here is an update on the bills we are tracking related to real property, renewable energy, and municipal law. You can find copies of the bills and information regarding status of the bills on the […]
Legislative Bills Seek to Expand Renewable Energy Generation in Nebraska
The Nebraska Legislature is considering four bills aimed at increasing renewable energy development in Nebraska and generating the significant property tax and economic development that comes with that. These four bills would create tax incentives and simplify the regulatory process for renewable energy projects, clarify the Rural Community Based Economic […]
104th Nebraska Legislature, First Session: Real Estate, Renewable Energy and Municipal Law Update – Part 9 (Days 40 – 44)
The first session of the 104th Nebraska Legislature is now half complete. Here is an update on the bills we are tracking related to real property, renewable energy, and municipal law. You can find copies of the bills and information regarding status of the bills on the Nebraska Legislature’s website […]
Rent is an Essential Element of a Lease, and “Agreements to Agree” on Future Rental Rates are Unenforceable
The Nebraska Supreme Court, in Gibbons Ranches, L.L.C. v. Bailey, 289 Neb. 949 (2015), held that rent was an essential term in a lease agreement. Accordingly, lease clauses providing for “annual review of rental rates” were unenforceable. Under nearly identical five-year leases, Gibbons Ranches, L.L.C. (“Gibbons”) leased farm ground to […]