Articles on Agricultural Law | Illinois State Bar Association

Miami Tribe lawsuit continues to develop By Barbara Stille Agricultural Law, May 2001 On June 2, 2000, the Miami Tribe of Oklahoma filed suit in Federal District Court in the Southern District of Illinois against landowners in 15 separate counties, including tracts in Champaign, Clark, Coles, Crawford, Cumberland, Douglas, Edgar, Effingham, Ford, Iroquois, Jasper, Moultrie, Livingston, Shelby and Vermilion counties.

Foot and mouth disease prevention efforts in Illinois By Cynthia I. Ervin Agricultural Law, March 2001 Farmers overseas are currently experiencing an epidemic of foot-and-mouth disease (FMD).

Agriculture Law Section Council nominates Al Bock as Laureate By Paul A. Meints Agricultural Law, November 2000 The Agricultural Law Section Council unanimously recommends Professor C. Allen Bock for Laureate Designation status.

Federal prosecution of farmer for killing birds Agricultural Law, November 2000 An 80-year old retired Mascoutah farmer was Federally prosecuted on criminal charges this summer, and faces more civil charges from the State of Illinois.

Horse show participant fails to prove willful and wanton conduct by horse show sponsor By Teresa Vamos Agricultural Law, November 2000 On November 23, 1999, the Illinois Appellate Court, Fourth District, in Lessman v. Rhodes, No. 4-99-0262 (4th District, November 23, 1999), issued the second reported court decision in Illinois interpreting the Illinois Equine Activity Liability Act (745 ILCS 47/1, et. seq.).

The meaning of minerals in Illinois By Mike Drone Agricultural Law, November 2000 It is quite common in Southern Illinois to sever the mineral estate from the surface estate when conveying land.

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

Offer and acceptance for sale of farmland By Paul A. Meints Agricultural Law, November 2000 The sale of residential real estate in Illinois typically starts from a Purchase Agreement or an Offer and Acceptance that has some standardization for that particular county's norms

Practice aid for deed preparation By Paul A. Meints Agricultural Law, November 2000 Preparing deeds for clients is a common event for nearly every member of the Agricultural Law Section.

Procedural glitch concerns lenders to agriculture By Joseph P. Chamley & James W. Evans Agricultural Law, November 2000 With changes in Article 9 effective January 1, 1998, certain agricultural-related continuation statements (UCC-3's) that were previously required to be filed with the county recorder's office must be filed with the Illinois Secretary of State's UCC Division.

Agreement for shared ownership of farm equipment By Darrel F. Parish Agricultural Law, August 2000 Several years ago, a farm loan officer at a country bank told me that I would soon be busy preparing agreements between farmers relating to shared ownership of farm machinery, because the machinery was getting so expensive

GMO contract issues: practical tips for advising clients By Jeffrey Quick Agricultural Law, August 2000 Production agriculture in Illinois continues to witness remarkable as well as revolutionary changes.

HB3093: Tree clearing legislation sent to Governor for approval By James D. Cottrell Agricultural Law, August 2000 In May of this year, House Bill 3093, concerning tree and soil conservation was submitted to the governor for his signature.

Iowa Attorney General offers contract information to producers By Barbara Stille Agricultural Law, August 2000 The Iowa Attorney General recently launched a new Web site designed to assist Iowa farmers in making better contracting decisions

Merchandising claimants entitled to 85% of claim upon liquidation of elevator assets By James D. Cottrell Agricultural Law, August 2000 In Adams Farm, et al. v. Doyle, et al., Docket No. 4-97-1096 (decided March 28, 2000), the Fourth District recently interpreted the Grain Code and held that merchandising claimants were entitled to 85% of their claim in a grain elevator asset liquidation.

Crop share rental arrangements and sample lease By Paul A. Meints Agricultural Law, March 2000 The following Crop Share Lease with provisions for cattle has its origin in the Cooperative Extension's form that was developed many years ago, being updated for items and farming practices that have changed in the interim and which, in it's author's opinion, are outdated or missing in the older format.

Procedural glitch concerns agricultural lenders By Joseph P. Chamley & James W. Evans Commercial Banking, Collections, and Bankruptcy, March 2000 With changes in Article 9 effective January 1, 1998, certain agricultural-related continuation statements (UCC-3's) which were previously required to be filed with the county recorder's office must be filed with the Illinois Secretary of State's UCC Division.

Supreme court upholds agricultural land use exemption By Barbara Stille Agricultural Law, March 2000 On December 2, 1999, the Illinois Supreme Court issued a long-awaited opinion on the issue of whether county zoning laws apply land used for agricultural purposes.

Am I my partner’s keeper? By Mike Drone Agricultural Law, November 1999 Many farm families are operating as partnerships whether they realize it or not.

Mutual drains: rights and responsibilities By James D. Cottrell Agricultural Law, November 1999 From time to time, practitioners in the agricultural field may be asked by clients to advise them on their rights and responsibilities with regard to drainage facilities which traverse their property or properties owned by any number of other individuals.

Protection of USDA benefits By James D. Cottrell Agricultural Law, November 1999 The purpose of this article is to provide information to practitioners to assist them in protecting their clients' USDA benefits.

A survey of federal conservation programs By James D. Cottrell Agricultural Law, November 1999 In recent years, a number of programs have become available to the agricultural community and others, whose objective is conservation.

The agriculture provisions of the 1999 Omnibus Appropriations Bill By Karen R. Krub Agricultural Law, June 1999 On October 19, 1998, Congress passed H.R. 4328, "Making Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 1999."

For what it’s worth By Paul A. Meints Agricultural Law, June 1999 Tax preparation and attorney-client privilege. The Internal Revenue Service Restructuring and Reform Act of 1998 (H.R. 2676) enacted section 7525 extending the attorney-client confidentiality privilege to "a federally authorized tax practitioner."

For what it’s worth By Paul A. Meints Agricultural Law, May 1999 Agricultural outlook for 1999. The Economic Research Service of the U.S. Department of Agriculture in its May 20, 1999, first forecast of production and prices feels that "large supplies of major U.S. field crops are expected to persist in 1999/2000, with season-average farm prices stabilizing or declining.

Minutes of section council meeting Agricultural Law, May 1999 The regular meeting of the Illinois State Bar Association's Agricultural Law Section Council was held January 16, 1999, at the Department of Agriculture's office building on the State Fairgrounds.

The agriculture provisions of the 1999 Omnibus Appropriations Bill By Karen R. Krub Agricultural Law, March 1999 On October 19, 1998, Congress passed H.R. 4328, "Making Omnibus Consolidated and Emergency Supplemental Appropriations for Fiscal Year 1999."

The Clean Water Act and the Tulloch Rule By James D. Cottrell Agricultural Law, March 1999 Maintenance of agricultural surface water drainage improvements has always been of the utmost importance in the state of Illinois, whether performed by individual farmers, or by the many drainage districts which have been formed in the last century.

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