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Agricultural Law
The newsletter of ISBA’s Section on Agricultural Law

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Newsletter Articles From 2016

2014 Farm Bill: Election year By Kristine A. Tidgren April 2016 2015 saw the first signups for Price Loss Coverage and Agriculture Risk Coverage under the Agricultural Act of 2014.
2015 year in review—2015 tax organizer supplement By Paul A. Meints February 2016 Tax information to take note of.
“Actual fraud” and the discharge of certain debts in bankruptcy By Jeffrey A. Mollet September 2016 In Husky International Electronics, Inc. v. Ritz, the Supreme Court’s decision settles a split among certain Circuits as to whether “actual fraud” under §532(a)(2)(A)3 of the Bankruptcy Code requires the debtor to make a false representation, or whether the exception is applicable in the absence of such a false representation where the debtor benefited from a deliberate fraudulent transfer or a fraudulent conveyance scheme.
The Clean Water Rule: Waters Rage By Kristine A. Tidgren April 2016 Although some opponents of the Rule had hoped that the recent omnibus package, the Consolidated Appropriations Act, 2016, would withhold funding from enforcement of the Rule, it did not.
Country of origin labeling: Now you see it, now you don’t By Kristine A. Tidgren March 2016 Congress ended 2015 by amending the Agricultural Marketing Act to repeal country of origin labeling requirements for beef and pork.
Deficiency denied due to delay in the sale of collateral By Jeffrey A. Mollet May 2016 Once a loan goes bad, the creditor is often left with many avenues and options but little likelihood of a full recovery. But what happens when the creditor’s action, or inaction, becomes an issue?
Des Moines Water Works lawsuit: A Big Splash By Kristine A. Tidgren May 2016 A complaint filed last year is asking a federal court to do what no other court or state or federal agency has done: declare farm drainage tile to be a “point source” subject to Clean Water Act regulation.
FAA now requiring registration of drones By Jeffrey A. Mollet February 2016 As the use of drones for agricultural purposes increases, the need to understand the rules and regulations relating to such use will be a necessity for those attorneys advising farmers and agribusinesses.
The fiduciary duty of a trustee—General principles By Jeffrey A. Mollet June 2016 A review of the basic principles of a trustee's powers and limitations.
Future of agriculture? The USDA weighs in By Jeffrey A. Mollet August 2016 Knowing where “things may be headed” can at least form the basis for proper planning or a comparison for clients who are unsure if they are on pace with the industry.
The GST trust tax trap By Joseph R. Marconi and Brian C. Langs October 2016 This article will attempt to assist lawyers in identifying scenarios where the GST tax may come into play so as to avoid or properly identify this menacing tax on generational wealth transfers.
Internal Revenue Service announces inflation adjustments for 2017 By Jeffrey A. Mollet November 2016 Some of the IRS' annual inflation adjustments are of interest to those attorneys representing farmers or who are doing related estate, business and/or succession planning work.
IRS proposes significant changes to valuation discount regulations By Jeffrey A. Mollet September 2016 On August 4, 2016, the IRS released proposed regulations (REG-163113-02) seeking to restrict valuation discounts in the context of family transfers.
Make cash rent negotiations less complicated By Dan Grant October 2016 As cash rent negotiations draw near for many this fall, farmers and landowners should view the process much like school. Those who do their homework are much more likely to fare well compared to those who skip the work and have no plan.
Payment eligibility review of estates older than two program years By Jeffrey A. Mollet January 2016 The policy and procedure set forth in Notice PL270 from the U.S. Department of Agricultural, Farm Service Agency, establishes an important potential limitation on continued eligibility of estates to receive USDA farm program benefits.
Proposed Section 2704 regulations: Insights straight from the source By George L. Schoenbeck November 2016 On October 29, 2016, Catherine Hughes, Estate and Gift Tax Attorney Advisor in the Office of Tax Policy of the U.S. Department of Treasury, spoke at the Notre Dame Tax and Estate Planning Institute in South Bend, Indiana. Here are the top four takeaways from her discussion.
The Protecting Americans from Tax Hikes Act of 2015: Some tax-planning stability for farmers? By Jeffrey A. Mollet January 2016 A review of what the new Act addresses.
Syngenta: Billions at stake By Kristine A. Tidgren March 2016 If you’re a corn farmer in Iowa, you’ve undoubtedly received numerous mailings or phone calls from attorneys seeking to represent you in massive litigation pending against Syngenta.
Temporary nuisance production agriculture in the cross-hairs again By Stephen R. Kaufmann August 2016 On May 24, 2016, following a three-week trial, a jury in Scott County, Illinois returned a verdict in favor of the hog producer defendants and against ten Plaintiffs who had brought a cause of action for private temporary nuisance relating to odor, flies and dust allegedly caused by a swine livestock management facility. This was the first such trial in Illinois.
What is a lender’s duty of inquiry as to the actual status of existing loans and security instruments? By Jeffrey A. Mollet June 2016 A discussion of the ramifications of Deere & Company v. New Holland Rochester.