Herbicide drift can be a pest(icide)By John W. DamischAgricultural Law, January 2005Not every summer breeze from the south brings warm fuzzy feelings among farm neighbors. Barry Kleiss and Bill Bozdech were nearby farm neighbors.
CAFOs and air emissionsBy Michael C. WhiteAgricultural Law, November 2004Until 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 weightBy Jeffrey A. MolletAgricultural Law, November 2004In 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 noticesBy Dennis R. BordynAgricultural Law, August 2004Many 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 2004By Mike DroneAgricultural Law, April 2004Several 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 ActBy A. Bryan EndresAgricultural Law, April 2004In 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 graveBy John W. DamischAgricultural Law, February 2004As 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.
The Illinois Grain Code Amendments: Counseling farmers, lenders, or grain dealers and warehousesBy Donald L. UchtmannAgricultural Law, November 2003Public 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 assistanceBy David HoffAgricultural Law, November 2003The 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 propertyBy Jeffrey A. MolletAgricultural Law, September 2003As 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. BermanAgricultural Law, May 2003On 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 creditorsBy Laura AlthardtAgricultural Law, May 2003For 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. MolletAgricultural Law, May 2003The Illinois Appeals Court for the Third District recently rendered an opinion on the often-discussed but sometimes little-understood issue of riparian rights.
Novel settlement: A new trend?By Raymond T. ReottAgricultural Law, March 2003In an election year, the historic practice in Illinois was for environmental enforcement to increase and for penalty demands in negotiated settlements to rise proportionately.
Property valuation may be reduced by proximity to livestock operation*By J. David AikenAgricultural Law, March 2003In Nebraska, land and buildings are valued at their fair market value for purposes of property taxation. Residential and commercial real estate is valued at 92-100 percent of actual value (i.e., farm market value) and agricultural real estate is valued at 74-80 percent of actual value.
Zoning and land use: A case study in urban sprawlBy Paul J. EvansAgricultural Law, March 2003The following is an excerpt from materials presented by the author at the ISBA's Agricultural Law Section's "Law of the Prairie" seminar that was held in April, 2002.
FDIC insurance coverage for estates and revocable trustsBy Mike DroneAgricultural Law, January 2003Just as grain elevators can fail, so can banks. If you represent the executor of an estate or the trustee of a revocable trust, it is important to understand how FDIC insurance applies to estate or trust bank deposits
Self-employment tax on cooperative payments to farmers—The legal journey continuesBy Jeffrey A. MolletAgricultural Law, January 2003There are currently pending in the federal Tax Court system a number of cases involving the applicability of the self-employment tax to value-added payments received by retired farmers from new generation, closed cooperatives
The Farm Security and Rural Investment Act of 2002— A primerBy Jeffrey A. MolletAgricultural Law, November 2002After much debate and political wrangling, The Farm Security and Rural Investment Act of 2002 (the Act) was signed by President Bush on May 13, 2002.
FDIC insurance coverage for estates and revocable trustsBy Mike DroneAgricultural Law, November 2002Just as grain elevators can fail, so can banks. If you represent the executor of an estate or the trustee of a revocable trust it is important to understand how FDIC insurance applies to estate or trust bank deposits.
Recent developments in the law of agricultural biotechnologyBy Donald L. UchtmannAgricultural Law, November 2002This article highlights selected topics from "Legal Issues in Biotechnology: A Farmer's Perspective" presented by the author on April 29, 2002 as part of Law of the Prairie, a continuing legal education program of the Illinois State Bar Association.
Zoning and land use: A case study in urban sprawlBy Paul J. EvansAgricultural Law, November 2002The 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.
Current topics—individual income taxBy Thomas F. HartzellAgricultural Law, July 2002The 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.
Saline County, Kansas resolution placing builders on notice of agricultural useBy David HoffAgricultural Law, May 2002Illinois 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.
