When a government experiences a water source emergency, rules covering water conservation by water users is triage.  I readily concede triage is necessary.  ‘Triage’ in the subject at hand is the management of a scare commodity among those who need it.  Balancing community water needs to levels of available service in an emergency is important.  ..read more

Attributed with some hesitancy to F Scott Fitzgerald is the following,  “There were no second acts in American lives”   Let us see if this applies to contaminated properties.    Brownfields are properties for which the expansion, redevelopment, or reuse is complicated by the presence or potential presence of a contaminant. Left unchecked, brownfields are a blight ..read more

Download the Natural Resource Issues in Modern Real Estate Deals presentation ..read more

Yes, you probably do. Under South Dakota law, with the important exception of water rights in Indian Country and on certain federal lands, all water within the state is the property of the people of the state.  The right to the use of water may be acquired by ‘appropriation’ as provided by law.  A water ..read more

The post Motion for Sumary Judgement: Millan Acres LLC appeared first on Attorney Blog | Natural Resources, Commercial Law ..read more

The post Reply for Petition to Appeal appeared first on Attorney Blog | Natural Resources, Commercial Law ..read more

The post Circuit Court South Dakota Denies Motion appeared first on Attorney Blog | Natural Resources, Commercial Law ..read more

The post Hostler vs Davison Cty Drainage Commissioner – Final Judgement appeared first on Attorney Blog | Natural Resources, Commercial Law ..read more

In this piece I discuss legal problems the business and ag world now face. I have seen this rodeo before. I have ridden the bronco. It hurts when you fall. (I prefer falling off of a motorcycle — the drop is less severe). Don’t kid yourself. Don’t act like the coronavirus effect on the region’s […] The post How Can I Turnaround from Covid-19? appeared first on Attorney Blog | Natural Resources, Commercial Law ..read more

I’ve been asked to speak at the meeting of the South Dakota Paralegal Association in October. The Association official asked me to speak about environmental and natural resource issues affecting real estate transfers.  I am honored to speak at the upcoming virtual meeting of the Association. The topic presents contemporary issues and is worthy of […] The post South Dakota Paralegal Association talk appeared first on Attorney Blog | Natural Resources, Commercial Law ..read more