Publications

Section Newsletter Articles on Agricultural Law

In prescriptive easement claims the element of what constitutes exclusivity of use was recently clarified by the Illinois Supreme Court By Michael A. Mattingly Agricultural Law, December 2014 A discussion of the recent case of Nationwide Financial, LP v. Pobuda.
Privacy and security principles for farm data—November 13, 2014 Agricultural Law, December 2014 The organizations and companies listed in this article believe the following data principles should be adopted by each Agriculture Technology Provider.
Using spaghetti westerns to understand coal mining in today’s agricultural setting By Jeffrey A. Mollet Agricultural Law, December 2014 This newsletter's editor has discovered that the present state of the mining industry can be summed up by simply referring to the titles of Sergio Leone’s spaghetti western “dollars” movies from 50 years ago.
Is there an Oliver Douglas in the house? By Jeffrey A. Mollet Agricultural Law, 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.
Missouri right-to-farm now a Constitutional amendment By Jeffrey A. Mollet Agricultural Law, October 2014 Every state has adopted some type of right-to-farm law in its statutory scheme,1 but only two have raised that protection to the constitutional level.
Piercing the corporate veil—Should farmers care? By Jeffrey A. Mollet Agricultural Law, 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.
Relying on a homestead exemption? Make sure your client is on title By Jeffrey A. Mollet Agricultural Law, September 2014 The recent decision of GMAC Mortgage, LLC, v. Arrigo et al demonstrates the pitfalls that not formalizing title may bring.
2014 Farm Act shifts crop commodity programs away from fixed payments and expands program choices By Anne Effland, Joseph Cooper, and Erik O’Donoghue Agricultural Law, August 2014 An overview of the new law from the Economic Research Service of the United States Department of Agriculture.
Grain contracting itself not sufficient to vest jurisdiction in Illinois By Jeffrey A. Mollet Agricultural Law, June 2014 The Seventh Circuit, in Northern Grain Marketing, LLC v. Greving, recently affirmed the District Court’s ruling that the defendant lacked sufficient minimum contacts with Illinois to vest the court with personal jurisdiction.
Monsanto and conventional growers: Legitimacy of inadvertent patent infringement By Ganiyou Gassikia Agricultural Law, June 2014 Could Monsanto sue farmers for patent infringement if drifts of its patented genetically modified seeds contaminate their lands?
The current state of the farmland market: Observations, opinions, and outlook By John D. Moss Agricultural Law, April 2014 The author provides an update on the farmland prices and trends.
Illinois federal court finds that beneficial owner of Illinois land trust does not qualify as an “owner” for farm program payments By Kristine Tidgren Agricultural Law, April 2014 The District Court for the Northern District of Illinois has ruled that the definition of “owner” for purposes of Farm Service Agency payments through the Direct and Counter Cyclical Payment Program does not include the beneficial owner of an Illinois Land Trust.
Agriculture remains a dangerous business By Jeffrey A. Mollet Agricultural Law, March 2014 The author provides some startling ag-related injury statistics.
Careful on that farm—Assumption of risk is alive and well in Illinois By Jeffrey A. Mollet Agricultural Law, March 2014 In the recent case of Edwards v. Lombardi, the Third District Appellate Court held that a plaintiff’s on-farm injury claims for “ordinary negligence” were barred by the assumption of risk doctrine. 
All-terrain vehicle stamps—The newest source of revenue for the State of Illinois By Jeffrey A. Mollet Agricultural Law, January 2014 Learn more about this new law, which passed in 2012 and is finally taking effect this year.
Illinois court says insurer cannot escape duty to defend hog odor lawsuit under “pollution exclusion” in umbrella policy By Kristine Tidgren Agricultural Law, January 2014 In what could broaden an insurer’s duty to defend Illinois livestock producers in odor lawsuits, an Illinois appeals court has rejected an insurer’s denial of coverage to hog confinement operators pursuant to a standard “pollution exclusion” provision in an umbrella liability policy
Illinois court says insurer cannot escape duty to defend hog odor lawsuit under “pollution exclusion” in umbrella policy By Kristine Tidgren Environmental Law, January 2014 In what could broaden an insurer’s duty to defend Illinois livestock producers in odor lawsuits, an Illinois appeals court has rejected an insurer’s denial of coverage to hog confinement operators pursuant to a standard “pollution exclusion” provision in an umbrella liability policy
Use of unmanned aircraft by farmers: Legal considerations By Craig J. Sondgeroth Agricultural Law, January 2014 While these aircraft may be a farmer’s next precision agriculture tool, the legal implications should also be considered.
2014 tax information By Jeffrey A. Mollet Agricultural Law, November 2013 IRS updates of general interest.
The Section Council’s focus on “mean seeds” By David H. Hopkins Animal Law, 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 By Gary R. Gehlbach 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.
Information on the direct sale of agricultural products Agricultural Law, September 2013 The Illinois Stewardship Alliance recently released a legal guide for farmers wanting to sell directly to consumers, restaurants and others.
Remaining educated to represent your clients By Jeffrey A. Mollet Agricultural Law, August 2013 Need to familiarize yourself with the unique ag issues that consistently arise? Check out these resources.
A bumpy road ahead for producers, buyers and sellers of Genetically Modified Organisms By Ruth E. Robinson Agricultural Law, July 2013 As scientific developments and studies surrounding GMOs cause the world grain market to fluctuate, recent decisions, pending suits, and future cases may prove significant to the agribusiness community.
“Farm” bankruptcies and the ripple effects By Jeffrey A. Mollet Agricultural Law, 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.
Supreme Court issues Bowman v. Monsanto opinion; farmer infringed Monsanto’s patent by growing commodity soybeans purchased from elevator By Jerry W. Quick and Craig J. Sondgeroth Agricultural Law, May 2013 On May 13th, the U.S. Supreme Court issued its opinion in Bowman v. Monsanto.
A move towards a more fair division: Envisioning a new Illinois Fence Act By A. Bryan Endres and Lisa R. Schlessinger Agricultural Law, 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.
OSHA and the farmer—“Deadliest Catch” on the prairie? By Jeffrey A. Mollet Agricultural Law, February 2013 Between 1992 and 2009, 9,003 farm workers and laborers died from work-related injuries in the US.
Farms and the new 2013 Medicare tax increases By Marc C. Lovell Agricultural Law, December 2012 An overview of how the new health care reform measures will affect farmers.
Rezoning farmland—Yet another pitfall identified By David Hoff Agricultural Law, December 2012 A look at the recent case of Guth v. Tazewell County, et al.