Section Newsletters

Articles From Jeffrey A. Mollet

Punitive damages awarded in North Carolina farm nuisance case By Jeffrey A. Mollet Agricultural Law, June 2018 Agricultural producers in Illinois have recently been successful and defending nuisance litigation under Illinois right to farm laws.
1 comment (Most recent July 2, 2018)
Agricultural Risk Coverage Program payments in bankruptcy: Whose collateral is it? By Jeffrey A. Mollet Agricultural Law, May 2018 The U.S. Bankruptcy Court for the Southern District of Illinois recently considered whether debtors acquire rights in their Agricultural Risk Coverage Program payments.
Dicamba “terms and conditions” By Jeffrey A. Mollet Agricultural Law, May 2018 As use of dicamba expands, there have been numerous shifts in policy and procedure.
New farm bill: What are the topics of discussion? By Jeffrey A. Mollet Agricultural Law, May 2018 The House Committee on Agriculture recently approved the Agriculture and Nutrition Act of 2018, which will address the economic challenges facing farmers and ranchers and make investments in opportunities for SNAP recipients.
Get a survey By Jeffrey A. Mollet Agricultural Law, March 2018 A survey is nearly a necessity when agricultural land is to be purchased, and today many lenders will require one before any loan will be funded or approved.
Judgment for dissolution of farmland partnership upheld By Jeffrey A. Mollet Agricultural Law, March 2018 The recent opinion in Palmer v. Mellen2 illustrates how a family situation can deteriorate even when a written partnership agreement is in place.
Some dangers to your client’s continuing right to receive federal farm payments and benefits By Jeffrey A. Mollet Agricultural Law, February 2018 Compliance with the 'sodbuster' and 'swampbuster' rules within the 2014 Farm Bill is required for some federal subsidies, therefore necessitating an understanding of such rules.
Websites, newsletters, and information of interest By Jeffrey A. Mollet Agricultural Law, February 2018 A list of resources that you may find helpful in your practice.
The Family Farmer Bankruptcy Clarification Act By Jeffrey A. Mollet Agricultural Law, January 2018 Family farmers seeking bankruptcy protection are often surprised by the need to pay capital gains taxes upon the sale of farming assets (land and/or equipment) which are sold as part of the reorganization process.
Crop share leases making a comeback? By Jeffrey A. Mollet Agricultural Law, August 2017 As the historically high sale prices of farmland has softened in many areas, landlords are considering other lease options and show a renewed interest in the crop share lease. Here are a few issues to consider.
2017 rural ramblings and thoughts By Jeffrey A. Mollet Agricultural Law, June 2017 Data and general information that may be of use to agricultural law practitioners.
What constitutes a gift of farm land? By Jeffrey A. Mollet Trusts and Estates, June 2017 The recent opinion of Jackson v. DBR Jackson partnership, et al., presented an unusual question: is a parent’s adding a party to a contract for deed as a purchaser sufficient to vest that party with an interest in or title to that property?
Understanding USDA microloans and how clients might benefit By Jeffrey A. Mollet Agricultural Law, May 2017 The microloan program might be a good alternative for many clients looking to obtain a small loan in short order for a specific purpose.
What constitutes a gift of farm land? By Jeffrey A. Mollet Agricultural Law, May 2017 The recent opinion of Jackson v. DBR Jackson partnership, et al., presented an unusual question: is a parent’s adding a party to a contract for deed as a purchaser sufficient to vest that party with an interest in or title to that property?
The J51 non-commercial driver’s license By Jeffrey A. Mollet Agricultural Law, April 2017 A new driver’s license is available to the farmers of Illinois— the J51.
Animal welfare topics at the forefront By Jeffrey A. Mollet Agricultural Law, March 2017 There have been a couple of developments on the animal welfare front recently, one by the United Nations and the other from the USDA.
Where is agriculture, and therefore agricultural law, headed? By Jeffrey A. Mollet Agricultural Law, March 2017 A look at the results of a recent USDA study that may possibly predict what legal issues we might need to be prepared for in the future.
New source for agricultural information By Jeffrey A. Mollet Agricultural Law, February 2017 Editor Jeff Mollet shares a new alternative to the now-defunct Farmpolicy.com Web site.
Section Council travels to Deere & Company By Jeffrey A. Mollet Agricultural Law, January 2017 The ISBA Agricultural Law Section Council recently met at the World Headquarters of Deere & Company in Moline, Illinois, to both address ISBA business and to gain further insight into the current state of agriculture from a new perspective.
Internal Revenue Service announces inflation adjustments for 2017 By Jeffrey A. Mollet Agricultural Law, November 2016 Some of the IRS' annual inflation adjustments are of interest to those attorneys representing farmers or who are doing related estate, business and/or succession planning work.
“Actual fraud” and the discharge of certain debts in bankruptcy By Jeffrey A. Mollet Agricultural Law, September 2016 In Husky International Electronics, Inc. v. Ritz, the Supreme Court’s decision settles a split among certain Circuits as to whether “actual fraud” under §532(a)(2)(A)3 of the Bankruptcy Code requires the debtor to make a false representation, or whether the exception is applicable in the absence of such a false representation where the debtor benefited from a deliberate fraudulent transfer or a fraudulent conveyance scheme.
IRS proposes significant changes to valuation discount regulations By Jeffrey A. Mollet Agricultural Law, September 2016 On August 4, 2016, the IRS released proposed regulations (REG-163113-02) seeking to restrict valuation discounts in the context of family transfers.
Future of agriculture? The USDA weighs in By Jeffrey A. Mollet Agricultural Law, August 2016 Knowing where “things may be headed” can at least form the basis for proper planning or a comparison for clients who are unsure if they are on pace with the industry.
The fiduciary duty of a trustee—General principles By Jeffrey A. Mollet Agricultural Law, June 2016 A review of the basic principles of a trustee's powers and limitations.
What is a lender’s duty of inquiry as to the actual status of existing loans and security instruments? By Jeffrey A. Mollet Agricultural Law, June 2016 A discussion of the ramifications of Deere & Company v. New Holland Rochester.
Deficiency denied due to delay in the sale of collateral By Jeffrey A. Mollet Agricultural Law, May 2016 Once a loan goes bad, the creditor is often left with many avenues and options but little likelihood of a full recovery. But what happens when the creditor’s action, or inaction, becomes an issue?
FAA now requiring registration of drones By Jeffrey A. Mollet Agricultural Law, February 2016 As the use of drones for agricultural purposes increases, the need to understand the rules and regulations relating to such use will be a necessity for those attorneys advising farmers and agribusinesses.
Payment eligibility review of estates older than two program years By Jeffrey A. Mollet Agricultural Law, January 2016 The policy and procedure set forth in Notice PL270 from the U.S. Department of Agricultural, Farm Service Agency, establishes an important potential limitation on continued eligibility of estates to receive USDA farm program benefits.
The Protecting Americans from Tax Hikes Act of 2015: Some tax-planning stability for farmers? By Jeffrey A. Mollet Agricultural Law, January 2016 A review of what the new Act addresses.
Court opinions of interest By Jeffrey A. Mollet Agricultural Law, December 2015 Recent decisions of interest to agricultural law practitioners.

Spot an error in your article? Contact Sara Anderson at sanderson@isba.org. For information on obtaining a copy of an article,visit the ISBA Newsletters page.

Select a Different Author