Section Newsletter Articles on Agricultural Law

Agriculture Secretary Vilsack urges producers to learn about new ACRE program* Agricultural Law, July 2009 For those of you who are advising clients, you need to be aware of this new offering from the USDA and educate yourself about the Average Crop Revenue Election (ACRE) program before the August sign-up deadline
Support the ISBA Resolution for Congressional Amendment to the Natural Gas Act By Michael A. Mattingly Agricultural Law, July 2009 Over the past several years many property owners throughout the state have faced an issue where energy companies under the Natural Gas Act have received certificates of public convenience issued by the Federal Energy and Regulatory Commission to condemn property.
Claims against a decedent’s non-probate property in Illinois By Joel A. Schoenmeyer Agricultural Law, June 2009 Dealing with claims against an Illinois decedent’s non-probate property is critical in cases where the decedent’s probate estate is insufficient to pay all valid claims, or where no probate estate has been opened for the decedent.
Inside the too-speculative continuum By Alan E. Stumpf Agricultural Law, May 2009 A taxpayer advocating valuation of built in capital gains inside of the too-speculative continuum needs to start his advocacy with an understanding of what a willing buyer and a willing seller will take into account.
Humane care for animals in Illinois By Claire A. Manning and Michael Massie Agricultural Law, April 2009 A counter-view to the article, “Vote For Humane Farming and Nobody Gets (as) Hurt,” published in the May 2008 edition of the ISBA’s Ag Law Section newsletter.
The University of Illinois Energy Biosciences Institute Announces first annual Biofuels Law and Regulation Conference Agricultural Law, April 2009 The First Annual Biofuels Law and Regulation Conference: Incentivizing Second-Generation Biofuels, sponsored by the University of Illinois Energy Biosciences Institute’s (EBI) Biofuels Law and Regulation Program, will be held at the new University of Illinois I-Hotel in Champaign, Illinois on April 24-25, 2009.
Bankruptcy ruling impacts agriculture By James R. Grebe Commercial Banking, Collections, and Bankruptcy, March 2009 On December 2, 2008, the Bankruptcy Court issued an order that provided to the Debtors broad latitude in assuming or rejecting outstanding grain contracts.
The Doctrine of Merger: A vanishing rule Agricultural Law, March 2009 The Merger Doctrine still sees use in the state, although like many common law rules its position has changed over the years. As recently as 2008, the Illinois Supreme Court dealt with a case primarily focused on the doctrine, Czarobski v. Lata, 882 NE2d 536 (Ill 2008).
7th Circuit joins 8th and 9th Circuits in allowing attorney fees for successful NAD appeals* By Lois Wood Agricultural Law, February 2009 The 8th and 9th Circuit Courts of Appeal had previously held that successful National Appeals Division appellants can claim attorney fees. However the USDA had refused to apply those rulings to appellants from outside those two circuits.
Bankruptcy ruling impacts agriculture By James R. Grebe Agricultural Law, February 2009 On October 31, 2008, Verasun Energy Corporation, et al., Debtors, filed a Voluntary Petition for Relief under Chapter 11 of the United States Bankruptcy Code (Title 11 of the United States Code), with the U.S. Bankruptcy Court, Delaware District, as Case No. 088-12606 (BLS). Verasun Energy Corporation and related entities engage in the business of producing ethanol.
Farmer’s rights as to prepaid farm supplies after the supplier closes its doors By Kenneth R. Eathington Agricultural Law, December 2008 Many farmers prepay their anticipated farm supplies for an upcoming crop year.
Country Roads: Take Me Home? By James R. Myers Agricultural Law, November 2008 A look at the origins of country roads and some of the resulting consequences.
Estate and gift tax changes for 2009 By Mike Drone Agricultural Law, November 2008 Several changes in the estate and gift tax law go into effect in 2009.
Important new decision interprets certain provisions of the Packers and Stockyards Act By Jerry W. Quick Agricultural Law, October 2008 On July 21st the U.S. Court of Appeals for the Fifth Circuit handed down its decision in the case of Cody Wheeler; Don Davis; Davey Williams v. Pilgrim’s Pride Corp. [---3rd---, 2008 WL 2789319(C.A.5, Tex)]
Ty/Walk follow-up: Farmer wins elevator case By John W. Damisch Agricultural Law, October 2008 In 2001 Ty/Walk, with grain elevators in Kendall and Will Counties, closed its doors. The Illinois Department of Agriculture took over the elevator operation.
4H and FFA income tax By Paul A. Meints Agricultural Law, September 2008 Your client’s 16-year-old child is involved with the Future Farmers of America (FFA) program at his high school.
The Farmdoc project extends education to farmers, attorneys By A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, and Scott H. Irwin Agricultural Law, September 2008 The University of Illinois’ Farm Decision Outreach Central, commonly known as the farmdoc project, is an extension program that aims to improve risk-based farm decision-making through education and research.
NEPA and the economic impacts of biotechnology on the food-feed supply chain By A. Bryan Endres and Thomas P. Redick Agricultural Law, September 2008 A brief summary of recent developments in agricultural biotechnology.
Rural lender advantage By Lewis F. Matuszewich Agricultural Law, September 2008 The United States Small Business Administration has introduced a modification of one of its loan programs, specifically designed to foster economic development in rural areas.
New Payment Eligibility and Payment Limitation Provisions—Notice PL-173 Agricultural Law, August 2008 Editor’s Note - the following comes to us hot off the press from the USDA. Many thanks to long-time (but not old) Section Council member David Hoff for keeping us informed.
Vote for humane farming and nobody gets (as) hurt By Amy A. Breyer Agricultural Law, May 2008 no federal law protects animals from cruelty during their lives on the farm, and most state cruelty laws exempt “customary” practices anyway, such as debeaking or use of gestation crates and battery cages, no matter how cruel those practices are from a commonsense standpoint.
Farmland values and credit conditions By David B. Oppedahl Agricultural Law, April 2008 The largest annual increase in farmland values, 16 percent, in almost three decades highlighted an amazing year for agriculture in the Seventh Federal Reserve District.
Life estate transaction legal considerations By Alan E. Stumpf Agricultural Law, February 2008 To serve our clients better we need to be thinking and counseling about a number of future responsibility, transaction and taxation issues.
Estate and gift tax changes for 2008 By Mike Drone Agricultural Law, December 2007 Only a few changes in the estate and gift tax law go into effect in 2008.
Payment eligibility and limitations Agricultural Law, December 2007 This article is from the United States Department of Agriculture Farm Service Agency Web site.
Does size matter? Homestead and Tenancy by the entirety By Richard F. Bales Agricultural Law, November 2007 Are there limits to the size and nature of a married couple’s homestead that can be owned as tenants by the entirety?
Agricultural Assistance Act of 2007 By Jeffrey A. Mollet Agricultural Law, October 2007 This article is from the United States Department of Agriculture Farm Service Agency Web site. 
Grain elevator failures: Can farmers and businesses do anything? By Jeffrey A. Mollet Agricultural Law, September 2007 Ty-Walk in Illinois. Creston in Iowa. Grain elevator failures are nothing new, and have occurred throughout the past decades.
A practice pointer for dealing with the Farm Service Agency Power of Attorney By Paul A. Meints Agricultural Law, September 2007 If you have any farming clients then you are aware of the Farm Service Agency’s push for having all “paperwork” in order.
Farmland assessments—Where are we and where are we going? By Lindi Kernan Agricultural Law, July 2007 The following is the second of a two part series addressing farmland assessments.