Leopold Center for Sustainable Agriculture

Iowa' duty of stewardship, Iowa law

Back to Leopold Letter Summer 2012

Aldo Leopold described a land ethic as a respect for all members of the biotic community – “soils, waters, plants and animals, or collectively: the land.”  The Iowa Supreme Court has its own definition for stewardship, especially for landowners.

The legal basis defining Iowa’s duty of land stewardship is outlined in a new brochure, prepared by the Drake University Agricultural Law Center. The resource is part of the Sustainable Agricultural Land Tenure program, a partnership of the Ag Law Center and the Leopold Center’s Policy Initiative.

“The Iowa Supreme Court has been very deliberate in saying there is a duty owed to the land by landowners,” said Ed Cox, a research fellow at the Ag Law Center. “A lot of states do not have this kind of language.”

Cox said Iowa was among the first states in the nation to set up soil and water conservation districts, following model statutes developed by the federal government in response to the “Dust Bowl” of the 1920s and 1930s. In 1943, the Iowa Supreme Court upheld the state’s authority to regulate farm tenancies, requiring a six-month notice of termination of a farm lease. This authority is premised on the importance of soil to Iowa and the state’s duty to protect this natural resource, Cox said.

Iowa’s soil and water conservation districts also have established maximum soil loss limits, and those districts can require landowners to implement soil conservation practices or changes in land use in order to reduce soil erosion. However, the district cannot apply these requirements unless cost-share funds of financial incentives also are available to landowners.

“I don’t think a lot of landowners are aware that there is a legal duty to protect the soil,” Cox said.  “A big step in helping landowners work toward soil conservation is providing them with a good understanding of the legal issues involved.”

Here’s a list of the new resources:

Back to Leopold Letter Summer 2012