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Legal Issues

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Homeowner's Association Bill Dies During First Funnel Week - March 8, 2017

As you may know, earlier this year a bill was introduced at the Iowa legislature that included proposed changes to the law applicable to homeowner's associations. The bill, House File 158, was entitled the "Iowa Common Interest Ownership Act" (the "Act"). Read More »


Iowa landowners disappointed by court's Dakota Access eminent domain decision - February 15, 2017

Wednesday, February 15, the Polk County Iowa District Court decided that Texas-owned company, Dakota Access, had lawfully used the state's power of eminent domain to seize land from Iowa citizens for the Bakken oil pipeline. Read More »


MCDC Settlements Complete - December 21, 2016

According to an article in the public finance daily newspaper, The Bond Buyer, the SEC is finished bringing settlements under its Municipalities Continuing Disclosure Cooperation ("MCDC") initiative. Read More »


IRS Issues Final Issue Price Regulations - December 20, 2016

The Internal Revenue Service ("IRS") has issued final regulations (the "Final Regulations") on the definition of issue price to be published in the Federal Register on December 9, 2016 and with an effective date for Bonds that are sold on or after 180 days after publication. The Final Regulations amend existing definitions in the regulations under Section 148 of the Internal Revenue Code and replace regulations proposed by the IRS in 2015. Read More »


Lease with Option to Purchase Contracts Approved for Manufactured Housing Communities - November 9, 2016

Jodie McDougal as well as other attorneys at the Davis Brown Law Firm including Emily Stork, advocated to the Iowa Banking Superintendent for approval for manufactured housing communities to use Lease with Option to Purchase contracts. Read More »


New IRS Standards for Management Contracts - November 8, 2016

The Internal Revenue Service has been more proactive regarding its efforts to conduct audits on tax-exempt bond financings and has indicated that issuers and borrowers should maintain and follow post-compliance policies and procedures in order to make sure that the interest on the bonds continues to remain tax-exempt. Read More »


Iowa landowners file brief against use of eminent domain by Dakota Access Pipeline - October 1, 2016

On Friday, September 30, Bill Hanigan of the Davis Brown Law Firm filed a new brief with the Polk County District Court. The brief is part of the ongoing lawsuit that asks if a private company, which provides no service to Iowans, may use the state's power of eminent domain to seize land from Iowa citizens for the pipeline's private use. Read More »


Favorable Opinion Rendered in Iowa Mechanic's Lien Case - September 1, 2016

Iowa Court of Appeals affirms district court opinion regarding Iowa's new lien law. Read More »


Hearing scheduled to address Dakota Access Pipeline construction suspension - August 11, 2016

A hearing is scheduled for Friday, August 19, and will address the emergency motion filed on August 9 to prevent construction of the Dakota Access Pipeline across the property of fifteen Iowa landowners while a lawsuit remains pending in Polk County District Court. Read More »


DOL "Persuader" Rule Requires New Financial Reports for Lawyers and Clients - June 21, 2016

The Department of Labor ("DOL") has issued a statutory interpretation or rule regarding "persuaders" hired by employers to assist the employer in dealing with a labor union. The rule went into effect at the end of April and it has already spawned three lawsuits and legislation in both houses of Congress to repeal it. Read More »


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