Section Newsletters

Articles From Jeffrey A. Mollet

Riparian rights—The simmering-hot topic? By Jeffrey A. Mollet Agricultural Law, 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.
Public nuisance, private nuisance and trespass—Issues for siting a new Livestock operation By Jeffrey A. Mollet Agricultural Law, February 2010 The apparent decline of the livestock industry in Illinois seems to be the result of numerous factors.
My basement is a swimming pool—Can I move an easement to fix it? By Jeffrey A. Mollet Agricultural Law, December 2009 A recent appellate court decision may have an impact on your agricultural client’s access to the property it owns or operates.
Recent case law: Illinois drainage code and the repair and replacement of drain tile By Jeffrey A. Mollet Agricultural Law, November 2009 The recent case of Halpin v. Schultz is an interesting but not unexpected development for real estate and agricultural lawyers.
Farm Aid 2009 By Jeffrey A. Mollet Agricultural Law, August 2009 Originated in 1985 in response to the farm crisis, Willie Nelson, Neil Young and John Mellencamp have continued to use their fame as a bully pulpit for the agricultural community.
A few notes from the Editor By Jeffrey A. Mollet Agricultural Law, September 2008 A busy time for agriculture! Rising commodities prices, increasing input costs, appreciating land values…Here are some Internet sites that might be of interest and which may assist you.
Agricultural Assistance Act of 2007 By Jeffrey A. Mollet Agricultural Law, October 2007 This article is from the United States Department of Agriculture Farm Service Agency Web site. 
Grain elevator failures: Can farmers and businesses do anything? By Jeffrey A. Mollet Agricultural Law, September 2007 Ty-Walk in Illinois. Creston in Iowa. Grain elevator failures are nothing new, and have occurred throughout the past decades.
Brief legislation update By Jeffrey A. Mollet Agricultural Law, November 2005 There have been a few recent legislative enactments of note.
New Grain Insurance Fund provisions may affect your clients By Jeffrey A. Mollet Agricultural Law, July 2005 Effective July 1, 2005, certain new provisions of the Illinois Grain Code went into effect which require assessment payments by various parties in or associated with the grain industry here in Illinois.
Revisions to Chapter 12 under the new Bankruptcy Code Provisions By Jeffrey A. Mollet Commercial Banking, Collections, and Bankruptcy, July 2005 The recent bankruptcy bill included changes to the provisions of Chapter 12. Among them are the following highlights:
Revisions to Chapter 12 under the new BankrCode provisions By Jeffrey A. Mollet Agricultural Law, June 2005 The recent bankruptcy bill included changes to the provisions of Chapter 12.
The ISBA MentorCenter Program By Jeffrey A. Mollet Agricultural Law, February 2005 One of the best programs to come along in awhile is the ISBA's Volunteer Mentor Program. As stated on the ISBA Web site (where the information below originated), this is a "program designed to connect experienced ISBA lawyers with any member attorney but especially new or young attorneys who are seeking assistance with substantive law questions or balancing the personal and professional demands of practice."
New law on farm vehicle weight By Jeffrey A. Mollet Agricultural Law, November 2004 In August, Illinois Governor Blagojevich signed into law Senate Bill 2327 (625 ILCS 5/15-301 et seq.), which was effective immediately.
Employment interviews—don’t ask any questions? By Jeffrey A. Mollet Agricultural Law, August 2004 Tips to help you find the right employee.
Editor’s note By Jeffrey A. Mollet Agricultural Law, February 2004 This newsletter contains a proposed Mission Statement for our Section. As you will see therein, your Section Council is recommending that the newsletter be published six times per year.
Nuisance and zoning issues that might be coming to a courthouse near you By Jeffrey A. Mollet Agricultural Law, February 2004 It seems that nuisance actions and zoning issues are the current hot topic for real estate lawyers practicing where rural America and the so-called advanced civilization of the big city meet.
The valuation and assessment of farmland property By Jeffrey A. Mollet Agricultural Law, September 2003 As rural areas continue to develop, farmland values seem to edge steadily upwards, perhaps in recognition of the fact that fewer acres are available for production or because increases in the value of land for non-agricultural uses are pulling the entire market forward.
Whose pond is it anyway? By Jeffrey A. Mollet Agricultural Law, May 2003 The Illinois Appeals Court for the Third District recently rendered an opinion on the often-discussed but sometimes little-understood issue of riparian rights.
Self-employment tax on cooperative payments to farmers—The legal journey continues By Jeffrey A. Mollet Agricultural Law, January 2003 There are currently pending in the federal Tax Court system a number of cases involving the applicability of the self-employment tax to value-added payments received by retired farmers from new generation, closed cooperatives
The Farm Security and Rural Investment Act of 2002— A primer By Jeffrey A. Mollet Agricultural Law, November 2002 After much debate and political wrangling, The Farm Security and Rural Investment Act of 2002 (the Act) was signed by President Bush on May 13, 2002.
Securing the right to receive government payments under revised article 9 By Jeffrey A. Mollet Commercial Banking, Collections, and Bankruptcy, May 2002 Whether a security interest in government program payments is perfected has always been at the center of debate, generally in the bankruptcy or "farmer-in-distress" context, and the issue remains largely unresolved by the recent revisions to Article 9 of the Illinois Uniform Commercial code which took effect on July 1, 2001
Are you liable for overtime pay? By Jeffrey A. Mollet Agricultural Law, April 2002 Generally, a salaried employee has always been considered just that; an employee who for a set salary works as many hours (or as few hours in some cases) as necessary to accomplish the duties assigned to be completed.
Securing the right to receive government payments under revised Article 9 By Jeffrey A. Mollet Agricultural Law, January 2002 Whether a security interest in government program payments is perfected has always been at the center of debate, generally in the bankruptcy or "farmer-in-distress" context, and the issue remains largely unresolved by the recent revisions to Article 9 of the Illinois Uniform Commercial Code that took effect on July 1, 2001.
Providing credit—risk or reward? By Jeffrey A. Mollet Agricultural Law, November 2001 In today's economy, and especially for agribusinesses, providing credit to customers may be a double-edged sword. Obviously, on one edge rests the theory that the extension of credit may lead to more customers and increased revenues; the other edge is the dangerously sharp side which may lead to unpaid accounts generating collection fees and losses.
Natural drainage: rights and responsibilities By Jeffrey A. Mollet Agricultural Law, November 2000 In the November 1999 issues of Agricultural Law, James Cottrell provided readers with an excellent analysis of mutual drainage issues involving man-made drains
Beware the procedural pitfalls of vacating roads By Jeffrey A. Mollet Local Government Law, May 2000 As with many aspects of the law, the procedural mechanisms established by statute can pose an enormous burden on elected officials who are trying to discharge the duties of their office.
Challenging a highway commissioner’s failure to discharge his statutory obligations—can you win? By Jeffrey A. Mollet Local Government Law, February 2000 As the world becomes more complicated, our laws tend to expand in what is often a response to the modernization of our world.
Proceed with caution in condemnation actions By Jeffrey A. Mollet Real Estate Law, September 1999 A recent decision from the appellate court for the Second District may cause municipalities to proceed with more caution in pursuing condemnation actions.
Proceed with caution in condemnation actions By Jeffrey A. Mollet Local Government Law, June 1999 A recent decision from the appellate court for the Second District may cause municipalities to proceed with more caution in pursuing condemnation actions.

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