Section Newsletters

Articles on Agricultural Law

Women Identified as Operators on 51 Percent of U.S. Farms in 2019 By Christine Whitt & Jessica E. Todd Agricultural Law, June 2021 In 2019, more than half of all farming operations in the U.S. had at least one woman operator.
Do Your Clients Know the Benefits of Leaving the Farm in Trust? By Curt Ferguson Elder Law, May 2021 A look at how to limit the risks future generations may encounter when farms are kept in families.
Do Your Clients Know the Benefits of Leaving the Farm in Trust? By Curt Ferguson Trusts and Estates, May 2021 A look at how to limit the risks future generations may encounter when farms are kept in families.
Do Your Clients Know the Benefits of Leaving the Farm in Trust? By Curt Ferguson Agricultural Law, March 2021 A look at how to limit the risks future generations may encounter when farms are kept in families.
Lesson From the Tax Court: The Right Way To Do Conservation Easements By Prof. Bryan Camp Agricultural Law, January 2021 Kumar Rajagopalan and Susamma Kumar v. Commissioner shows how taxpayers can properly deduct the donation of a conservation easement if they have good planning, good representation, and good luck.
Farm Leases for Today’s Agriculture By Jeffrey A. Mollet Agricultural Law, October 2020 As farms have grown, technology has become more prevalent, and farmland owners no longer reside on or are intimately connected with the farm, written leases have become far more common and prevalent in the agriculture space.
Guide to 2018 USDA Farm Bill Programs By Lynne R. Ostfeld Agricultural Law, October 2020 A list of programs that help farmers funded by the Farm Service Agency, Natural Resources Conservation Service, or Risk Management Agency.
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court? By Jeffrey A. Mollet Real Estate Law, October 2020 Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court? By Jeffrey A. Mollet Agricultural Law, September 2020 Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.
Food & Supplements Update By Lynne Ostfeld Agricultural Law, March 2020 A summary of topics discussed at the 2019 ABA Food and Supplements Subcommittee's annual conference.
Hold-Over Farm Tenant Pays Dearly By Jeffrey A. Mollet Agricultural Law, March 2020 The tenancy of farmland is an often misunderstood topic.
Farm Bankruptcy: The Non-Dischargeability of Debts as a Result of False Representations By Jeffrey A. Mollet Agricultural Law, February 2020 The recent case of In re Kurtz once again addressed the issue of the dischargeability of debts in a farm bankruptcy.
Statute vs. Statute: A Landowner’s Potential Liability for ATV Accidents and Injuries By Jeffrey A. Mollet Agricultural Law, February 2020 A summary of the recent appellate case, Jones v. Steck.
Basic Fall Business Planning By Jeffrey A. Mollet Agricultural Law, October 2019 As 2019 winds down, it is a good time for clients to reflect on what the past year has provided and to begin to make business plans for the coming year.
Processing Outside Crops Not Exempt From Overtime By Charles P. Rudolph Agricultural Law, October 2019 While the general exception of farm workers from overtime pay requirements may be well known, some limitations on the exception relating to processing farm produce may come as a surprise.
Simple But Major Amendment to Chapter 12 By Jeffrey A. Mollet Agricultural Law, September 2019 In late August, President Trump signed legislation amending Chapter 12 of the Bankruptcy Code, raising the debt limit for potential Chapter 12 debtors.
Trading Farmland for a Vacation Home: Can This Be a Qualified 1031 Exchange? By Jeffrey A. Mollet Agricultural Law, September 2019 When dealing with replacement property, care should be taken to make sure that the client's facts and intended use of the replacement property fully meet the requirements of the applicable safe harbor rules.
The need for a roundup on Roundup? By Jeffrey A. Mollet Agricultural Law, June 2019 Roundup has been making news recently, mostly as a result of the large verdicts rendered in litigation alleging the weed killer causes cancer.
Non-dischargeable debts in bankruptcy By Roger A. McEowen Agricultural Law, April 2019 With an uptick in farm and ranch bankruptcy filings over the past few years, bankruptcy law is an important topic for farmers and their legal counsel.
IRS 2019 farm tax return due date extended By Jeffrey A. Mollet Agricultural Law, March 2019 The IRS recently announced that standard March 1 deadline for farmers to file a tax return has been extended to April 15, 2019. 
Chapter 12 bankruptcy and the tools-of-the-trade exemption By Roger A. McEowen Agricultural Law, January 2019 Now that the farm sector has been going through several down economic years, the use of Chapter 12 bankruptcy has increased.
Agriculture: The number one industry in Illinois By Raymond Poe Agricultural Law, December 2018 An overview the agriculture industry in Illinois.
Buyer’s premiums and bankruptcy auctions By Jeffrey A. Mollet Agricultural Law, December 2018 In re THR & Associates, Inc. and In re Ruffolo deal with the use of buyer's premiums in auctions held in Chapter 7 bankruptcies.
Disclaiming implied warranties By Roger A. McEowen Agricultural Law, December 2018 Because items such as livestock, feed, seed, or pesticides are goods, sales and other transactions involving them result in the creation of warranties.
IRS provides tax inflation adjustments for tax year 2019 Agricultural Law, December 2018 The Internal Revenue Service announced this month the tax year 2019 annual inflation adjustments for more than 60 tax provisions, including the tax rate schedules and other tax changes.
What are the rules of the road for farm vehicles? By Dirk H. Beckwith Agricultural Law, December 2018 An overview of the rules and requirements for farm vehicles.
Lack of spouse’s signature: A problem for perfection? By Jeffrey A. Mollet & Nicole E. Mollet Agricultural Law, October 2018 With the significant and long-term downturn in the agricultural economy, many producers with marginal financial resources are teetering on the edge of collapse. In many instances, a bankruptcy filing will be the result.
Purchase money security interest and equipment purchases By Jeffrey A. Mollet Agricultural Law, September 2018 Most lenders seek a secured position when lending money, and when possible they want a purchase money security interest.
Clear and unambiguous: “All” means all By Kris Tuttle Agricultural Law, June 2018 The Illinois Supreme Court recently addressed the construction of an oil and gas lease assignment in Ramsey Herndon LLC v. Whiteside.
Get a survey By Jeffrey A. Mollet Real Estate Law, June 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.

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