Eldon L. McAfee

Areas of Practice

• Agriculture

Experience

• Full time Farmer, 1978 to 1988.
• Attorney with Beving, Swanson & Forrest, P.C., Des Moines, Iowa, 1991 to 2015.

Honors & Recognition

• "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 19^th 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

2023 Presentations

• “Current & Emerging Legal Issues in Ag Land Ownership”, Land Law Update, Realtors Land Institute – RLI Iowa Chapter, Oct. 5. Topics covered included:
  • Farm Tenancies
  • Iowa Statutory Landlord Liens
  • Fence Law & Trespassing and Stray
  • Tiling and Drainage
  • Agreements for Construction of Livestock Operations
  • Partition of Ag Land
  • Alternative Energy Easement Agreements
  • Corporate Farming Law and Non-Resident Alien Ownership of Ag Land
  • USDA Wetlands Conservation Compliance Appeals
• “Chapter 200A Policy & Environmental Issues Update”, North Central Poultry Assoc. Fall Festival, Sep. 21.
  
• "Proposition 12 & Other Livestock Law Updates", 2023 Agricultural Law Seminar, Center for Ag Law and Taxation, Iowa State University, September 19. Topics covered included:
  • State Law Animal Housing Legislation & Litigation
    
  • Ag Nuisance Legislation & Litigation
    
  • Ag Fraud & Trespass Legislation & Litigation
    
  • County Regulation of Agriculture
    
  • Fence Law
    
  • Wind & Solar Energy
    
  • Manure Agreements
    
  • Livestock Contract Feeding – Insurance
    
• “Proposition 12, What’s Next”, Iowa AgSTATE, Sep. 11.
• “California Proposition 12 & Mass. Question 3”, Agribusiness Assoc. of Iowa, June 21 & July 12.
  
• “Iowa Fence Law”, Iowa Cattlemen’s Association, Feb. 27
  
• “Agricultural Law – AgEd 451”, Iowa State University, Feb. 6. Topics covered included:
  
  • Ag Nuisance
    
  • Production Contracts
    
  • Contract Feeder Liens, Insurance & Packers & Stockyards Compliance
• “Ag Related Law – Care, Custody, and Control”, Independent Insurance Agents of Iowa, Rural Agents Conference, Jan. 26.
• "Coffee Chat with Eldon - A Nuisance Case (& Other) Discussion", with Ben Nuelle, Iowa Pork Producers Association Policy Director, Iowa Pork Congress, Jan. 25, Topics covered included: Ag Nuisance, Ag Fraud & Trespass Laws, California Proposition 12 & Mass. Q3, Manure Easements, DNR issue update including Proposed DNR Rules and MMP Update Due Dates. Additional topics in the slide presentation are DNR rules on Animal Capacity, and Common Ownership & Management. Click here for the Presentation.

2022 Presentations

• "Agricultural Law Update", 45th Annual Drake General Practice Review, December 9. Topics covered were:
  • State Law Animal Housing Legislation & Litigation
  • Ag Fraud & Trespass Update
  • Iowa Agricultural Law Update
  • Federal Agricultural Law Update
  • Iowa Statutory Ag Liens
  • Alternate Energy Easement Agreements (Wind, Solar & Carbon Pipeline)
  • Corporate Farming Law and Non-Resident Alien Ownership of Ag Land

• "Current Legal Issues Impacting Livestock Producers", 2022 Agricultural Law Seminar, Center for Ag Law and Taxation, Iowa State University, September 21. Topics covered were:
  • Ag Nuisance Legislation & Litigation
  • Ag Fraud & Trespass Legislation & Litigation
  • State Law Animal Housing Legislation & Litigation
  • Iowa Department of Ag & DNR Rulemakings

• "Livestock Feeding Contracts: Practice Legal Advice - Starting with 'Read it'"; Farm Transitions: Entering Expanding, or Exiting the Business Seminar, Beginning Farmer Center, Feb. 10. Topics covered were:
  • Contracting Basics
  • Feeding Contracts General
  • Swine & Poultry Feeding Contracts
  • Cattle Feeding Contracts
  • Contract Feeding Lien
  • Contract Feeding Insurance
  • Federal Swine & Poultry Contract Regs
  • Building& Feedlot Leases
  • Manure Easements/Agreements

2022 Authored Articles

• "Agriculture Fraud and Trespass Legislative and Litigation Update", Agricultural Law Update Fall 2022, Animal Production Issues, American Agricultural Law Association.

• “Steering Clear of Ag Nuisance Lawsuits”, with Julie Vyskocil, Iowa Pork Producer magazine, Nov.2022, Click here for the article

• “Iowa Supreme Court Decision is an Incentive to Continue Good Management Practices”, with Julie Vyskocil, Iowa Pork Producer magazine, Sep. 2022 Click here for the article
  

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

2021 Authored Articles

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

2021 Articles

• "How to Prevent a Livestock Nuisance Case", Farm News, Jan 8. Click here for the article

Education

• Iowa State University, A.S., Technical Agriculture, 1975; B.S., Farm Operations, 1977
• Drake University Law School, J.D., with honors, 1991

Bar Admissions

Iowa

Memberships

• American Agricultural Law Association
  • Member of Board of Directors, 2005 to 2008
• Polk County Bar Association
• Iowa State Bar Association
  • Agricultural Law Section
    • Chair 1996-97 and 2004-05
    • Legislative Committee Chair 2007 and 2008

Court Admissions

• Iowa Supreme Court
• U.S. District Court, Southern District of Iowa
• U.S. District Court, Northern District of Iowa
• Eighth Circuit Court of Appeals
• United States Supreme Court

Community Activities

• Drake Neighborhood Association
  • Member of Board of Directors, 1993 to 2003 and 2006 to 2021
  • President, 1999-2000, Treasurer, 2001-2003
• Neighborhood Development Corporation
  • Member of Board of Directors, 2007 to 2010