Section Newsletters

Articles on Agricultural Law

Novel settlement: A new trend? By Raymond T. Reott Agricultural Law, March 2003 In an election year, the historic practice in Illinois was for environmental enforcement to increase and for penalty demands in negotiated settlements to rise proportionately.
Property valuation may be reduced by proximity to livestock operation* By J. David Aiken Agricultural Law, March 2003 In Nebraska, land and buildings are valued at their fair market value for purposes of property taxation. Residential and commercial real estate is valued at 92-100 percent of actual value (i.e., farm market value) and agricultural real estate is valued at 74-80 percent of actual value.
Zoning and land use: A case study in urban sprawl By Paul J. Evans Agricultural Law, March 2003 The following is an excerpt from materials presented by the author at the ISBA's Agricultural Law Section's "Law of the Prairie" seminar that was held in April, 2002.
FDIC insurance coverage for estates and revocable trusts By Mike Drone Agricultural Law, January 2003 Just as grain elevators can fail, so can banks. If you represent the executor of an estate or the trustee of a revocable trust, it is important to understand how FDIC insurance applies to estate or trust bank deposits
Landlord’s lien upon crops: Back to the future—UCC1 filing requirement abandoned effective August 21, 2002 By Donald L. Uchtmann, James R. Grebe, & D. K. Banner Agricultural Law, January 2003 Public Act 92-0819, effective August 21, 2002, eliminates the requirement to file a UCC1 with the Secretary of State to give the Landlord's Lien priority over agricultural liens and perfected security interests.
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.
FDIC insurance coverage for estates and revocable trusts By Mike Drone Agricultural Law, November 2002 Just as grain elevators can fail, so can banks. If you represent the executor of an estate or the trustee of a revocable trust it is important to understand how FDIC insurance applies to estate or trust bank deposits.
Recent developments in the law of agricultural biotechnology By Donald L. Uchtmann Agricultural Law, November 2002 This article highlights selected topics from "Legal Issues in Biotechnology: A Farmer's Perspective" presented by the author on April 29, 2002 as part of Law of the Prairie, a continuing legal education program of the Illinois State Bar Association.
Zoning and land use: A case study in urban sprawl By Paul J. Evans Agricultural Law, November 2002 The following is an excerpt from materials presented by the author at the ISBA's Agricultural Law Section's "Law of the Prairie" seminar in the spring of this year.
Estate planning update for 2002—something old… something new…something borrowed… something blue By Paul A. Meints Agricultural Law, September 2002 Budgetary problems at both the national and state levels in the past and perhaps (probably?) again in the future make it difficult to predict what will happen in the future.
Current topics—individual income tax By Thomas F. Hartzell Agricultural Law, July 2002 The Economic Growth and Tax Relief Reconciliation Act of 2001 was passed by Congress on May 26, 2001, and signed by President Bush shortly after the Memorial Day recess of Congress.
Riding high again—thanks to the Illinois Equine Activity Liability Act By Teresa Vamos Agricultural Law, May 2002 According to a report on horse industry statistics prepared on behalf of the Horsemen's Council of Illinois, Illinois is a state that has more horses than Kentucky.
Saline County, Kansas resolution placing builders on notice of agricultural use By David Hoff Agricultural Law, May 2002 Illinois and several other states have legislation designed "to protect farming operations from nuisance suits under certain circumstances," 740 ILCS 70/0.01 et seq., with the stated purpose of such legislation being "to conserve and protect and encourage the development and improvements of its agricultural land for the production of food and other agricultural products." 740 ILCS 70/1.
Using defined survey terms in farmland purchase agreements By Kenneth R. Eathington Agricultural Law, May 2002 Often times buyers and sellers will negotiate, as a condition of a contract for the purchase of farmland, the delivery of a survey.
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.
New income tax rates for non-grantor trusts and estates By Mike Drone Agricultural Law, April 2002 The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) brought major tax relief for individuals both in the income and estate tax areas.
A tribute to Professor Harold (Hank) W. Hannah By Donald L. Uchtmann & Margaret Rosso Grossman Agricultural Law, April 2002 Harold "Hank" Winford Hannah, a respected lawyer, teacher and scholar, died November 20, 2001 in Mt. Vernon, Illinois, just a few miles from his rural Texico home.
What is a “farm residence” under the Livestock Management Facilities Act? Will we ever know? By Brian Cahill Agricultural Law, April 2002 A case pending in the Fourth District Appellate Court may soon provide insight into what it means to be a "farm residence" within the context of the Livestock Management Facilities Act, 510 ILCS 77/1 et. seq.
Using the Illinois Landlord’s Lien After June 30, 2001 By Donald L. Uchtmann & D. K. Banner Commercial Banking, Collections, and Bankruptcy, March 2002 Having a financially stable tenant with a solid reputation for being an excellent farmer is among the best ways to assure that a farmland owner will collect rent.
Estate and gift tax changes for 2002 By Mike Drone Agricultural Law, January 2002 Several changes in the estate and gift tax law go into effect in 2002.
Landlord’s lien issues: a trap for the uninformed and unmotivated By James R. Grebe Agricultural Law, January 2002 Article 9 of the Illinois Uniform Commercial Code (810 ILCS 5/9-101, et seq.) (hereinafter referred to as "UCC") was revised in the Year 2000. The revisions were effective July 1, 2001.
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.
Supreme Court considering plant patent issue By Thomas A. Jennings Agricultural Law, January 2002 On October 3, 2001, the Supreme Court heard oral arguments in Pioneer Hi-Bred International, Inc. v. J.E.M. Ag Supply, Inc. 99-1996 to determine whether patents on Pioneer genetically engineered seed corn were valid under Title 35, section 101 of the United States Code.
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.
Using the Illinois landlord’s lien after June 30, 2001 By Donald L. Uchtmann & D. K. Banner Agricultural Law, November 2001 Having a financially stable tenant with a solid reputation for being an excellent farmer is among the best ways to assure that a farmland owner will collect rent.
Agricultural Law Section Council meeting revised minutes Agricultural Law, May 2001 Paul Meints called the meeting to order at 6:15 p.m.
Agriculture education in Illinois— a call to action for members By Michael Massie Agricultural Law, May 2001 Illinois has more than 75,000 farms, covering 28.1 million acres of land, and is the number one production state in the nation in soybeans, producing 400 million bushels... enough to fill 113,700 railroad box cars, forming a train that would stretch from Peoria to Boston.
Gift splitting can cost OFOBI deduction on 706 By Mike Drone Agricultural Law, May 2001 The Qualified Family Owned Business Interests deduction allowed by IRC sec. 2057 is available to qualifying estates with farms or closely held businesses
Liability for animal inflicted injury under the Illinois Animal Control Act—what happened to assumption of risk? By Hank Hanna Agricultural Law, May 2001 At common law an animal owner's primary defense against liability for personal injury caused by an animal was lack of knowledge--a scienter rule.

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