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Agricultural LawThe newsletter of ISBA’s Section on Agricultural Law

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Newsletter articles from 2010

Addition to futures and options trading “options” By Ann Hagerty May 2010 Recent additions to the Chicago Mercantile Exchange's selection of agricultural commodity contracts.
Alderson v. Fatlan: The Illinois Supreme Court’s riparian rights case By Richard F. Bales July 2010 The issue here is whether the civil law rule as set forth in Beacham v. Lake Zurich Property Owners Ass’n should be extended to a man-made lake.
Convenience accounts—A necessary addition to your estate plan checklist? By Jeffrey A. Mollet June 2010 A convenience account could be a valuable tool in developing a comprehensive plan for the parents who are not sure they want to let go of everything just yet.
Dealing with federal tax liens—An introduction to the issues By Charles Yordi III July 2010 This article first explains the rule illustrated in United States v. Drye, and then applies it to several scenarios involving Illinois state law.
The Illinois Workers’ Compensation Agricultural Enterprise Exemption: Illinois appellate court provides new framework By David A. Kelm September 2010 As a result of the Third District's recent ruling, those who rely on the agricultural exemption to avoid workers’ compensation insurance should seek appropriate counsel as to potential liability exposure.
June 15, 2010 deadline for IRS / USDA consent forms May 2010 Note the new deadline to avoid any delays in the issuance of 2010 USDA program payments and the possibility of refunding 2009 and/or 2010 program payments
On the waterfront: An Illinois water law trilogy By Richard F. Bales June 2010 An overview of Illinois case law and water-related statutes.
Only months to go until the largest tax hikes in history By Ryan Ellis August 2010 A summary of federal tax increases that will take effect if Congress doesn't act.
Packers and Stockyards Act bond claims ordered to be paid prior to resolution of Packers and Stockyards Act trust claims By Michael A. Mattingly and William J. Bolotin September 2010 With the Illinois Department of Agriculture's ruling in this year's Meadowbrook Farms Cooperative case, federal regulators should re-examine the issue of priority of payment of claims from PASA trust and PASA bond funds and clarify the priority of payment from the two funds.
Public nuisance, private nuisance and trespass—Issues for siting a new Livestock operation By Jeffrey A. Mollet February 2010 The apparent decline of the livestock industry in Illinois seems to be the result of numerous factors.
Quarries, lakes and riparian rights: The 2nd District applies the “artificial-becomes-natural” rule By Richard F. Bales August 2010 The Second District recently decided the case of Bohne v. LaSalle National Bank, which questioned whether the adjoining landowners of a water-filled, former limestone quarry had the right to the reasonable use of its surface waters.
Riparian rights—The simmering-hot topic? By Jeffrey A. Mollet June 2010 The sale and purchase of non-tillable property is a growing area of the law. This newsletter has published numerous articles related to the subject, with more to come in the next few months.
The Road Less Traveled: IRC 1022 legal considerations in 2010 By Alan E. Stumpf January 2010 We have been failed by Congress and are forced to take the road less traveled. Congress has decided that we can travel the known estate planning road on another day, January 1, 2011, and opted for the new path and to make all the difference on the road of carryover income tax basis. On December 31, 2009, no regulations for this path have been promulgated by the Internal Revenue Service. To serve our clients better we need to be thinking and counseling about a number of transaction and taxation concepts.
Tax Court again points out that care must be taken when establishing medical reimbursement plans By Roger A. McEowen April 2010 Want to make sure medical expenses are deductible? Pay close attention to recent court cases.