Section Newsletters

Articles on Agricultural Law

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.
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.

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