Articles on Agricultural Law

Selling food in the European Union By Lynne R. Ostfeld International and Immigration Law, July 2006 A summary of a project to provide advice to Illinois farmers wishing to engage in value added work by selling a ready-to-eat meal in the European Union.
Federal court strikes down Nebraska corporate farming law By Roger A. McEowen & Neil E. Harl Agricultural Law, April 2006 The following articles originally appeared in the January 2006 issue of the AGRICULTURAL LAW UPDATE published by the American Agricultural Law Association.
The Series LLC: new Illinois law provides avenue for asset protection By Ted M. Niemann & Melinda S. Madison Agricultural Law, January 2006 The following article is reprinted from the ISBA's Real Estate Law Section newsletter, November, 2005 Vol. 51, No. 2.
2005 legislation amends Criminal Trespass and Aggravated Battery statutes By Donald L. Uchtmann Agricultural Law, November 2005 Public Act 94-512, effective January 1, 2006, amends the Criminal Trespass to Property statute, 720 ILCS 5/21-3.
Brief legislation update By Jeffrey A. Mollet Agricultural Law, November 2005 There have been a few recent legislative enactments of note.
Crop insurance: A tool for managing your farmer-clients’ risk By Donald L. Uchtmann Agricultural Law, November 2005 Professor Uchtmann's reference below to the “farmdoc” Web site (http://www.farmdoc.uiuc.edu) can lead you to a vast amount of information from the University of Illinois, Professor Uchtmann and his colleagues.
Estate and gift tax changes for 2006 By Mike Drone Agricultural Law, November 2005 Editor's Note - here is the annual general information update from Mike Drone, a long-time supporter and member of this Section. Always a pleasure to have members who can be counted on to help us all get the new information before we actually have to put it into practice.
Risk management strategies for identity preserved grain exports By A. Bryan Endres Agricultural Law, September 2005 Emerging foreign regulations for imported grain ultimately may result in trace-back liability to U.S. farmers for the commingling of even miniscule amounts of genetically engineered DNA.
New Grain Insurance Fund provisions may affect your clients By Jeffrey A. Mollet Agricultural Law, July 2005 Effective July 1, 2005, certain new provisions of the Illinois Grain Code went into effect which require assessment payments by various parties in or associated with the grain industry here in Illinois.
The Supreme Court plants an idea—All life formpatentable! And farmers get the short end of the stalk. Part I: The decision By Eugene F. Friedman, J.D., Ph.D. Agricultural Law, July 2005 The U.S. Supreme Court, in the case of J.E.M. Ag Supply Inc. v. Pioneer Hi-Bred International Inc., 60 USPQ2d 1865 (U.S. 2001), decided that plants constitute proper subject matter for utility patents under 35 U.S.C. § 101.
The snail-paced Doha Round agriculture negotiations By Adrian Zeno Agricultural Law, June 2005 This article is also appearing in The Globe, the newsletter of the ISBA’s International & Immigration Law Section Council. Adrian Zeno is completing his Juris Doctorate at The John Marshall Law School.
Tax-exempt financing and agriculture By Scott D. Wegner Agricultural Law, April 2005 EDITORS NOTE - Charles Farrar Browne once said “Let us all be happy and live within our means, even if we have to borrow the money to do it with.”
Legislative watch list Agricultural Law, March 2005 As you know, each year there are literally thousands of new bills introduced in the Illinois legislature. The 94th General Assembly is no exception.
Fractional interest discount of real estate-An alternative to 2032A Special Use Valuation By Mike Drone Agricultural Law, February 2005 Not all taxable estates with farmland will qualify for 2032A Special Use Valuation. Those that do qualify may not want to commit to material participation for 10 years.
Herbicide drift can be a pest(icide) By John W. Damisch Agricultural Law, January 2005 Not every summer breeze from the south brings warm fuzzy feelings among farm neighbors. Barry Kleiss and Bill Bozdech were nearby farm neighbors.
Purchasing farmland for residential development: Legal considerations Agricultural Law, January 2005 Farmland is becoming an increasingly popular means of investment, particularly among investors seeking to develop farmland for residential or commercial use.
CAFOs and air emissions By Michael C. White Agricultural Law, November 2004 Until recently, many commercial agricultural activities in the United States have been exempt from certain requirements of federal and state environmental laws.
New law on farm vehicle weight By Jeffrey A. Mollet Agricultural Law, November 2004 In August, Illinois Governor Blagojevich signed into law Senate Bill 2327 (625 ILCS 5/15-301 et seq.), which was effective immediately.
The use of lis pendens notices By Dennis R. Bordyn Agricultural Law, August 2004 Many of us have seen the use of a lis pendens in situations where it just didn't seem right. Perhaps in conjunction with a divorce, by a realtor trying to collect a commission or as a purposeful impediment to a proposed sale of the land in an effort to collect money.
Estate and gift tax changes for 2004 By Mike Drone Agricultural Law, April 2004 Several changes in the estate and gift tax law go into effect in 2004.
Illinois Supreme Court narrows scope of landowner protection under the Illinois Recreational Use Act By A. Bryan Endres Agricultural Law, April 2004 In December 2003, the Illinois Supreme Court decided Hall v. Henn, 208 Ill. 2d 325, 802 N.E.2d 797 (2003), which held that the Recreational Use of Land and Water Areas Act2 ("Recreational Use Act") offers protection from negligence liability only to those landowners who open their property to the general public for recreational use.
Please don’t step on my grave By John W. Damisch Agricultural Law, February 2004 As a boy, when we visited our ancestor's at the cemetery we believed that it was bad luck and bad manners to walk on someone's grave.
Dueling Surveyors: Post-appellate issues of Hasselbring v. Lizzio By Richard F. Bales Agricultural Law, November 2003 I have always been interested in water law and the various issues surrounding riparian rights.
The Illinois Grain Code Amendments: Counseling farmers, lenders, or grain dealers and warehouses By Donald L. Uchtmann Agricultural Law, November 2003 Public Act 93-0225, effective July 21, 2003, makes significant changes in the Illinois Grain Code, including how the Illinois Grain Insurance Fund (IGIF) is funded and which producer claims are entitled to payment. The IGIF is analogous to the Federal Deposit Insurance Corporation.
Persons owing non-tax debt to federal government are ineligible for most federal financial assistance By David Hoff Agricultural Law, November 2003 The Debt Collection Improvement Act of 1996 (DCIA), 31 U.S.C. § 3720B, bars a person owing a delinquent nontax debt to the federal government from receiving many forms of federal financial assistance, including direct loans (other than disaster loans) or loan insurance or guarantees from the United States Department of Agriculture.
The valuation and assessment of farmland property By Jeffrey A. Mollet Agricultural Law, September 2003 As rural areas continue to develop, farmland values seem to edge steadily upwards, perhaps in recognition of the fact that fewer acres are available for production or because increases in the value of land for non-agricultural uses are pulling the entire market forward.
The Concentrated Animal Feeding Operation (CAFO) revised rule* By Michael R. Berman Agricultural Law, May 2003 On December 16, 2002, the United States Environmental Protection Agency (U.S. EPA) announced a final rule that will require all large Concentrated Animal Feeding Operations (CAFOs) to obtain permits that will ensure they protect America's waters from wastewater and manure.
Tenancy by the entirety now offers less protection from creditors By Laura Althardt Agricultural Law, May 2003 For more than 50 years, every federal court reviewing tenancies by the entireties has concluded that a federal tax lien cannot attach to such property to satisfy an individual spouse's tax liability.
Whose pond is it anyway? By Jeffrey A. Mollet Agricultural Law, May 2003 The Illinois Appeals Court for the Third District recently rendered an opinion on the often-discussed but sometimes little-understood issue of riparian rights.
Counseling farmers about saving Roundup Ready® beans for seed By Donald L. Uchtmann Agricultural Law, March 2003 Can farmers save Roundup Ready® beans for seed without being liable for patent infringement or breach of contract?

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