Section Newsletter Articles on Agricultural Law
Is there an Oliver Douglas in the house?
, October 2014
“Right-to-farm” laws have been at least partially successful in defeating claims or chilling litigation by new neighbors against established farming operations, especially those cases relying on nuisance as the cause of action.
Piercing the corporate veil—Should farmers care?
, September 2014
Can the corporate veil be pierced to collect a judgment from a non-shareholder? This question was addressed by the Illinois Appellate Court for the First District in Buckley v. Abuzir.
The Section Council’s focus on “mean seeds”
, October 2013
The Animal Law Section Council resolved in June to explore with appropriate Illinois officials the ultimate question presented by a recent study: Should the “mean seeds” species be banned from future Conservation Reserve Progarm plantings in Illinois?
Conveying farmland subject to CRP contracts
Trusts and Estates
, September 2013
Farms that include land subject to one or more Conservation Reserve Program contracts are routinely bought and sold. Accompanying this article is a form that the author routinely uses, with appropriate modifications depending on the transaction, for the assignment of a CRP contract.
“Farm” bankruptcies and the ripple effects
, May 2013
Perhaps in no area of the law are the problems any bigger than in the realm of bankruptcy, and these problems are magnified and made more difficult when the “farmer” is one of these large operators.
A move towards a more fair division: Envisioning a new Illinois Fence Act
, March 2013
This article describes fence law models applied in major agricultural producing states, examines the current Illinois statute and case law, and recommends, based on economic efficiency principles, revising the Illinois Fence Act to reflect modern land use practices based on the equitable cost-sharing model adopted by the Missouri Legislature in 2001.
Aflatoxin contamination and insurance
, September 2012
The August 2012 USDA Risk Management Agency fact sheet for aflatoxin testing provides good advice and direction for dealing with the possibility of a discount upon the sale of corn.
Crop insurance implication of aflatoxin in corn
, September 2012
If aflatoxin is suspected, the crop insurance agent should be contacted immediately. The agent will notify the insurance company who will arrange for independent testing for aflatoxin and the farmer must pay for the independent testing. Testing after placing grain in storage could result in invalidating claims for aflatoxin.