Phone: 515-271-5914
Eldon L. McAfee

Attorneys

Eldon L. McAfee

Shareholder

Eldon.McAfee@brickgentrylaw.com

“Using my experience as a full-time farmer and over 30 years of working with farmers, ag businesses and ag associations, I and the attorneys I work with at Brick Gentry can understand our clients’ needs and provide real-world, practical legal advice.”

Office: 515-271-5916

Mobile: 515-249-1706

Fax: 515-274-1488

Eldon McAfee was raised on a farm near Atlantic, Iowa, and continues to operate the family farm with his family in a crop-share lease.  Eldon graduated from Iowa State University in Farm Operations.  He farmed for ten years, dairying first near Solon, then by North English, Iowa.  Utilizing his farm experience, he completed the agricultural law program at Drake University in 1991. In the 31 years since becoming a lawyer Eldon has continued to use his farm experience to focus on agricultural law and he is now recognized as one of Iowa's leading agricultural attorneys.

Areas of Practice

Agricultural Law

Experience

Full time Farmer, 1978 to 1988.

Attorney with Beving, Swanson & Forrest, P.C., Des Moines, Iowa, 1991 to 2015.

Recognitions and Publications

Recognitions

  • "Excellence in Agricultural Law in Private Practice Award, American Agricultural Law Association, Oct. 26, 2018, “For outstanding contributions to the legal profession and the agricultural community”
  • 2018 Volunteer of the Year, Des Moines Neighbors 19th Annual Rodine Mickle Neighborhood Recognition Dinner, April 24, 2018, “For over 25 years of volunteerism in the Drake Neighborhood”
  • Ag Influencer, Iowa Farmer Today, Jan. 28, 2016, “Eldon McAfee Reflects on Dairy Farming Days”, Click here for the article.
  • Drake Law’s 150 in 150, “In recognition of our 150th anniversary, Drake Law celebrates individuals who have best demonstrated the values of the Law School and helped shape Drake Law into who we are today.”, 2015, Click here for the webpage.
  • Masters of the Pork Industry, National Hog Farmer, May 14, 2014, “Eldon McAfee Honors His Roots and Keeps Agriculture in the Forefront”, Click here for the article.
  • Outstanding Alumni, Drake University Agricultural Law Center, 30 Years of the Ag Law Center, April 19, 2013
  • Honorary Master Pork Producer, Iowa Pork Producers Association, Iowa Pork Congress, Jan. 28, 2009
  • Friends of the Agricultural Law Center Award, Drake University Agricultural Law Center, Nov. 8, 1996
  • Order of the Coif, Drake University Law School, 1991
  • President’s Workhorse Award, Drake Student Agricultural Law Association, Nov. 9, 1989

Presentations and Publications

2022

Presentations
  • “Farmer Liabilities & Protections”, Independent Insurance Agents of Iowa, Rural Agents Conference, Jan. 27.  Topics covered included: Water Quality Litigation, Ag Fraud & Trespass Laws and Litigation, California Proposition, Ag Nuisance, Livestock Contract Feeding Insurance, Manure Easements and Wind, and Solar and Pipeline Easements. Additional topics in the slide presentation are Farm Leases, Ag Liens, Drainage Law, Fence Law, Stray & Trespassing Livestock, DNR Regulation & Enforcement, and County Regulation of Ag.
  • "Coffee Chat with Eldon - A Nuisance Case (& Other) Case Discussion",  with Ben Nuelle, Iowa Pork Producers Association Policy Director, Iowa Pork Congress, Jan. 26, Topics covered included: Water Quality Litigation, Ag Fraud & Trespass Laws and Litigation, California Proposition, Ag Nuisance, DNR issue update including Open Burning & Solid Waste Burial from storm debris and Effective Date of DNR Rules. Additional topics in the slide presentation are DNR rules on Animal Capacity, Common Ownership & Management, Winter Manure Application, and the status of challenges to the EPA Air Consent.

2021

Presentations
  • "Agricultural Law Update”, Drake General Practice Review, December 10. Topics covered:  
        • Iowa Ag Case Law and Legislative Update
        • Water Quality Litigation
        • Ag Fraud & Trespass Legislation & Litigation
        • Livestock Transportation
        • Unauthorized Sampling & Surveillance Legislation & Litigation
        • California Propositions 12 Legislation & Litigation
        • Nuisance  Litigation
        • Iowa Board of Veterinary Medicine proposed rules on Vet/Client/Patient Relationship.
  • “Nuisance & Right-To-Farm Laws”, with Julie Vyskocil,  Drake University Law School, Ag Law Class, December 2, 2021.
  • "Legal Issues Impacting Livestock Producers in 2021", 2021 Agricultural Law Seminar, Center for Ag Law and Taxation, Iowa State University, Sept. 21.  Topics covered were: 
      • Water Quality Litigation
      • Ag Fraud & Trespass Legislation & Litigation
      • Livestock Transportation, Unauthorized Sampling & Surveillance Legislation & Litigation
      • Anaerobic Digesters Legislation
      • California Propositions 2 & 12 Legislation & Litigation
      • Nuisance Litigation
  • "Developments in Environmental Agricultural Law”, 2021 Iowa State Bar Association Annual Meeting, June 7
  • "Legal Challenges & Opportunities Facing Livestock Producers”, 2021 National Block & Bridle Convention, Iowa State University Block & Bridle Club, April 10


Authored Articles
  • “Environmental Groups’ Lawsuit Dismissed by Iowa Supreme Court”, Iowa Pork Producer magazine, Iowa Pork Producers Association, July, Click here for the article

   

Articles

   

2020

Presentations
  • "Agricultural Law Update", Drake General Practice Review, December 11, Topics covered:
      • Iowa Ag Case Law and Legislative Update, including the MidWestOne Bank v. Heartland 
      • Coop Iowa Supreme Court decision and the Feral Swine legislation
      • Force Majeure & Similar Defenses to Contract Nonperformance
      • Iowa Statutory Ag Liens
      • Recent Ag Nuisance Jury Verdicts and Upcoming Iowa Ag Nuisance Trials
      • County Regulation of Agriculture
      • Water Quality Litigation
      • Ag Fraud & Trespass Legislation & Litigation (including Food Operation Trespass legislation)
  • "Legal Issues Impacting Livestock Growers in 2020", 2020 Agricultural Law Seminar, Center for Ag Law and Taxation, Iowa State University, Sept. 23.  Topics covered were: Force Majeure & Similar Defenses to Contract Nonperformance, Iowa Statutory Ag Liens, Nuisance, County Regulation of Agriculture, Water Quality Litigation, and Ag Fraud & Trespass Legislation & Litigation.
  • “Nuisance Cases & Legal Battles Facing the Livestock Industry”, Iowa Cattlemen’s Association Farm Tours, Aug. 25, 26, & 27.  Topics covered: DNR-EPA Workplan, Nuisance, Custom Feeding Liens & Insurance, Farm Leases, Fence Law, Water Quality Lawsuits, Ag Fraud & Trespass Laws & County Zoning & Regulation of Ag.
  • “Ag Regulatory Enforcement and Litigation: How to Fight Back”, Iowa State Bar Association Commercial & Bankruptcy Law Section, May 29. Topics covered: USDA Wetlands Appeals, County Regulation of Agriculture, Ag Liens, Farm Tenancies, and Nuisance.
  • “Statutory and Contractual Issues Impacting Agricultural Land Ownership”, Drake University Law School Real Estate Transactions; May 1.  Topics covered: Farm Tenancies, Landlord Liens, Partition of Ag Land, Wind and Solar Energy Agreements, Fence Law, Tiling and Drainage, Wind and Solar Energy Agreements, Fence Law, Tiling and Drainage, Corporate Farming Law, and USDA Wetlands Appeals.
  • "Nuisance Cases & Legal Battles Facing the Livestock Industry", Iowa Corn Growers Association, I-Lead Conference, January 31, 2020: Topics covered were Iowa's ag nuisance jury verdicts and what producers can learn from those verdicts to try to avoid nuisance lawsuits, court decisions on Iowa's ag-fraud and ag-trespass laws, and recent animal rights activists activities in Iowa.
  • "Coffee Chat with Eldon - A Nuisance Case Discussion",  with Drew Mogler, Iowa Pork Producers Association Iowa Pork Congress, Jan. 22: An update of Iowa’s ag nuisance jury verdicts and what producers can learn from those verdicts to try to avoid nuisance lawsuits.  Also discussed were the EPA’s approval of the DNR/EPA Workplan, a recent DNR rule on common ownership of confinement operations, and court decisions on Iowa’s ag-fraud and ag-trespass laws, and recent animal rights activist activities in Iowa. Click here for the webcast
  • Industry Panel, Coalition to Support Iowa's Farmer's Farming for the Future Conference, Jan 16: Communicating with neighbors and the public about livestock operations.
  • "Iowa Nuisance Suit Update: Is This a Trend? Can it Continue?", Coalition to Support Iowa’s Farmers Farming for the Future Conference, Jan. 16: An update of Iowa’s ag nuisance jury verdicts and what producers can learn from those verdicts to try to avoid nuisance lawsuits.

Articles

2019

Presentations
  • "Agricultural Law Update”, Drake General Practice Review, December 13, Topics covered:  Iowa Ag Case Law and Legislative Update, including the ICCI v. Iowa public trust case, Animal Legal Defense Fund v. Reynolds Ag Production Facility Fraud law case and Animal Legal Defense Fund v. Reynolds Ag Production Facility Trespass law case, the EPA’s dismissal of the citizen group challenge to the Iowa DNR Animal Feeding Operation NPDES permit program, as well as an update on Iowa ag nuisance jury verdicts.

  • "Contracts in Agriculture: Do You Understand Them?”, Iowa  Farm Bureau Federation, Webinar Dec. 6.  Topics covered were contracting basics, negotiation, performance, default, production, purchase and marketing contracts, farm leases, manure easements/agreements, and wind energy agreements.  In addition, liens and contract feeding insurance were discussed.
  • "Livestock Confinement Litigation Update", Iowa State Bar Association, 2019 Environmental Law Section Seminar, Panel presentation, Oct. 4.  Topics covered were recent Iowa livestock nuisance case jury verdicts, Iowa appellate court pending cases and decisions, and Iowa nuisance defense statutes.

  • "Farm Tenancies", Iowa General Assembly CLE Seminar, Oct. 3.  Topics covered were:  Farm Leases and Iowa Statutory Landlord Liens.

  • "Legal Issues Impacting Contract Feeding Arrangements", 2019 Agricultural Law Seminar, Center for Ag Law and Taxation, Iowa State University, Sept. 23.  Topics covered were: Agreements for Construction of Livestock Operations, including Manure Easement/Agreement Terms and Litigation, Iowa Statutory Ag Liens, and Livestock Contract Feeding - Insurance.

  • "Livestock Nuisance Lawsuit Update", Iowa Poultry Association Fall Festival, Sept 19.

  • "Developments in Livestock Nuisance Lawsuits and Regulatory Issues”, Iowa Corn Growers Association and Iowa Corn Promotion Board, Joint Board Meeting, Des Moines, March 26, 2019.

  • “Iowa Environmental Regulations”  Iowa  Agriculture  Water Alliance, Advisory Council, Des Moines, March 7, 2019.

  • "Iowa Environmental Regulations & Nuisance Case Update” Iowa Pork Producers Association Iowa Pork Congress, Des Moines, January  23: Topics covered include recent ag nuisance jury verdicts in Iowa, as well as other states,  an DNR workplan inspections, and current issues in DNR regulations.  Click here for the webcast

Authored Articles
  • “Strong Contracts Protect Feeders & Owners”, Iowa Cattleman magazine, Iowa Cattlemen’s Association, Aug., Click here for the article.
  • “Iowa Supreme Court Dismisses Appeal of Dismissal Decision”, Iowa Pork Producer magazine, Iowa Pork Producers Association, July, Click here for the article.
  • “Two Iowa Juries Find Livestock Operations are not Nuisances”, Iowa Pork Producer magazine, Iowa Pork Producers Association, May, Click here for the article.
Articles