Section Newsletters

Articles on Agricultural Law

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.
Impacts of the Value-Added Producer Grant Program on business outcomes By Anil Rupasingha & John Pender Agricultural Law, June 2018 The Value-Added Producer Grant Program provides grants to help farmers and ranchers add greater value for agricultural commodities and aims to generate new products, initiate and expand marketing opportunities, increase producer earnings, create new jobs, and contribute to community economic development.
New farm bill: What are the topics of discussion? By Jeffrey A. Mollet Animal Law, June 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.
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.
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.
Post-death conservation easements—Another way to save the farm? By Andrew White Real Estate Law, March 2018 One may think of conservation easements as being used for wetlands, timber, or grasslands but in fact they are also appropriate for the preservation of the tillable, rural farmland that covers a large portion of Illinois.
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.
Tax court says no time limit for examining calculation of DSUE By Kristine A. Tidgren Agricultural Law, January 2018 A recent tax court opinion stands for the proposition that there is no limit to the number of years the IRS can go back to review (and correct) a DSUE reported by the estate of the spouse who died first. This lends a bit of uncertainty to the benefit of portability.

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