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

• “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

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 Presentation

• 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

• "Best Nuisance Lawsuit to Prepare for is the One That Never Gets Filed”, National Hog Farmer, Jan. 24. Click here for the article.

• "Activists admit livestock confinement moratorium dead for this year", Marshalltown Times Republican, Feb. 15 Click here for the article and Iowa Capitol Dispatch, Feb. 13 Click here for the article.

• "State senator: Water trails should wait for livestock confinement moratorium", Iowa Capital Dispatch, Jan. 23 Click here for the article.

• "DNR's new team: Will ag background be a plus, or 'cause for concern'?", Iowa Capitol Dispatch, Jan. 13 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