Section Newsletter Articles on Agricultural Law

Courts issue victories to conservation easement donors By Jennifer Benda Agricultural Law, September 2017 August brought three wins for taxpayers who donated conservation easements that were challenged by the IRS. In all of the cases, terms of the conservation easement deed document carried the day.
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.
Proposed valuation discount regulations on list for revision or repeal By Kristine A. Tidgren Agricultural Law, August 2017 On July 21st, the IRS identified eight regulations that may be rescinded or need modification per President Trump's recent Executive Order.
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.
Post-death conservation easements—Another way to save the farm? By Andrew G. White Agricultural Law, June 2017 A conservation easement is a contribution of a qualified real property interest to a qualified organization to be used exclusively for conservation purposes. Conservation purposes include, among other things, the preservation of farmland.
Post-death conservation easements—Another way to save the farm? By Andrew G. White Business Advice and Financial Planning, June 2017 A conservation easement is a contribution of a qualified real property interest to a qualified organization to be used exclusively for conservation purposes. Conservation purposes include, among other things, the preservation of farmland.
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.
Legitimate income tax collection activity by Illinois? By Paul A. Meints Agricultural Law, February 2017 If your client tells you that the State of Illinois is exerting pressure to be paid, call this number before telling them to write the check.
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.
Double deduction for prepaid farm expenses By Paul A. Meints Trusts and Estates, January 2017 The United States Tax Court issued its opinion on December 8, 2016 in the case of Estate of Steve K. Backemeyer v. Commissioner.
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.
Tax ideas & suggestions for 2017 By Paul A. Meints Agricultural Law, January 2017 News and noteworthy tidbits condensed from practitioner Paul Meints' annual client update letter.
The GST trust tax trap By Joseph R. Marconi and Brian C. Langs Trusts and Estates, December 2016 This article will attempt to assist lawyers in identifying scenarios where the GST tax may come into play so as to avoid or properly identify this menacing tax on generational wealth transfers.
Proposed Section 2704 regulations: Insights straight from the source By George L. Schoenbeck Trusts and Estates, December 2016 On October 29, 2016, Catherine Hughes, Estate and Gift Tax Attorney Advisor in the Office of Tax Policy of the U.S. Department of Treasury, spoke at the Notre Dame Tax and Estate Planning Institute in South Bend, Indiana. Here are the top four takeaways from her discussion.
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.
Proposed Section 2704 regulations: Insights straight from the source By George L. Schoenbeck Agricultural Law, November 2016 On October 29, 2016, Catherine Hughes, Estate and Gift Tax Attorney Advisor in the Office of Tax Policy of the U.S. Department of Treasury, spoke at the Notre Dame Tax and Estate Planning Institute in South Bend, Indiana. Here are the top four takeaways from her discussion.
Temporary nuisance production agriculture in the cross-hairs again By Stephen R. Kaufmann Environmental Law, November 2016 On May 24, 2016, following a three-week trial, a jury in Scott County, Illinois returned a verdict in favor of the hog producer defendants and against ten Plaintiffs who had brought a cause of action for private temporary nuisance relating to odor, flies and dust allegedly caused by a swine livestock management facility. This was the first such trial in Illinois.
The GST trust tax trap By Joseph R. Marconi and Brian C. Langs Agricultural Law, October 2016 This article will attempt to assist lawyers in identifying scenarios where the GST tax may come into play so as to avoid or properly identify this menacing tax on generational wealth transfers.
Make cash rent negotiations less complicated By Dan Grant Agricultural Law, October 2016 As cash rent negotiations draw near for many this fall, farmers and landowners should view the process much like school. Those who do their homework are much more likely to fare well compared to those who skip the work and have no plan.
Temporary nuisance production agriculture in the cross-hairs again By Stephen R. Kaufmann Animal Law, September 2016 On May 24, 2016, following a three-week trial, a jury in Scott County, Illinois returned a verdict in favor of the hog producer defendants and against ten Plaintiffs who had brought a cause of action for private temporary nuisance relating to odor, flies and dust allegedly caused by a swine livestock management facility. This was the first such trial in Illinois.
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.
Temporary nuisance production agriculture in the cross-hairs again By Stephen R. Kaufmann Agricultural Law, August 2016 On May 24, 2016, following a three-week trial, a jury in Scott County, Illinois returned a verdict in favor of the hog producer defendants and against ten Plaintiffs who had brought a cause of action for private temporary nuisance relating to odor, flies and dust allegedly caused by a swine livestock management facility. This was the first such trial in Illinois.
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?
Des Moines Water Works lawsuit: A Big Splash By Kristine A. Tidgren Agricultural Law, May 2016 A complaint filed last year is asking a federal court to do what no other court or state or federal agency has done: declare farm drainage tile to be a “point source” subject to Clean Water Act regulation.
2014 Farm Bill: Election year By Kristine A. Tidgren Agricultural Law, April 2016 2015 saw the first signups for Price Loss Coverage and Agriculture Risk Coverage under the Agricultural Act of 2014.