‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court?By Jeffrey A. MolletReal Estate Law, October 2020Presently, 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. MolletAgricultural Law, September 2020Presently, 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 UpdateBy Lynne OstfeldAgricultural Law, March 2020A summary of topics discussed at the 2019 ABA Food and Supplements Subcommittee's annual conference.
Hold-Over Farm Tenant Pays DearlyBy Jeffrey A. MolletAgricultural Law, March 2020The tenancy of farmland is an often misunderstood topic.
Basic Fall Business PlanningBy Jeffrey A. MolletAgricultural Law, October 2019As 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 OvertimeBy Charles P. RudolphAgricultural Law, October 2019While 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 12By Jeffrey A. MolletAgricultural Law, September 2019In 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. MolletAgricultural Law, September 2019When 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. MolletAgricultural Law, June 2019Roundup 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 bankruptcyBy Roger A. McEowenAgricultural Law, April 2019With 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 extendedBy Jeffrey A. MolletAgricultural Law, March 2019The IRS recently announced that standard March 1 deadline for farmers to file a tax return has been extended to April 15, 2019.
Buyer’s premiums and bankruptcy auctionsBy Jeffrey A. MolletAgricultural Law, December 2018In 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 warrantiesBy Roger A. McEowenAgricultural Law, December 2018Because 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 2019Agricultural Law, December 2018The 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.
Lack of spouse’s signature: A problem for perfection?By Jeffrey A. Mollet & Nicole E. MolletAgricultural Law, October 2018With 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 purchasesBy Jeffrey A. MolletAgricultural Law, September 2018Most lenders seek a secured position when lending money, and when possible they want a purchase money security interest.
Clear and unambiguous: “All” means allBy Kris TuttleAgricultural Law, June 2018The Illinois Supreme Court recently addressed the construction of an oil and gas lease assignment in Ramsey Herndon LLC v. Whiteside.
Get a surveyBy Jeffrey A. MolletReal Estate Law, June 2018A 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 outcomesBy Anil Rupasingha & John PenderAgricultural Law, June 2018The 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. MolletAnimal Law, June 2018The 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.
Dicamba “terms and conditions”By Jeffrey A. MolletAgricultural Law, May 2018As 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. MolletAgricultural Law, May 2018The 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 surveyBy Jeffrey A. MolletAgricultural Law, March 2018A 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.
