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

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Newsletter Articles From 2018

Agricultural Risk Coverage Program payments in bankruptcy: Whose collateral is it? By Jeffrey A. Mollet May 2018 The U.S. Bankruptcy Court for the Southern District of Illinois recently considered whether debtors acquire rights in their Agricultural Risk Coverage Program payments.
Agriculture: The number one industry in Illinois By Raymond Poe December 2018 An overview the agriculture industry in Illinois.
Buyer’s premiums and bankruptcy auctions By Jeffrey A. Mollet December 2018 In re THR & Associates, Inc. and In re Ruffolo deal with the use of buyer's premiums in auctions held in Chapter 7 bankruptcies.
Clear and unambiguous: “All” means all By Kris Tuttle June 2018 The Illinois Supreme Court recently addressed the construction of an oil and gas lease assignment in Ramsey Herndon LLC v. Whiteside.
Dicamba “terms and conditions” By Jeffrey A. Mollet May 2018 As use of dicamba expands, there have been numerous shifts in policy and procedure.
Disclaiming implied warranties By Roger A. McEowen December 2018 Because items such as livestock, feed, seed, or pesticides are goods, sales and other transactions involving them result in the creation of warranties.
The Family Farmer Bankruptcy Clarification Act By Jeffrey A. Mollet January 2018 Family farmers seeking bankruptcy protection are often surprised by the need to pay capital gains taxes upon the sale of farming assets (land and/or equipment) which are sold as part of the reorganization process.
Get a survey By Jeffrey A. Mollet March 2018 A survey is nearly a necessity when agricultural land is to be purchased, and today many lenders will require one before any loan will be funded or approved.
Impacts of the Value-Added Producer Grant Program on business outcomes By Anil Rupasingha and John Pender June 2018 The Value-Added Producer Grant Program provides grants to help farmers and ranchers add greater value for agricultural commodities and aims to generate new products, initiate and expand marketing opportunities, increase producer earnings, create new jobs, and contribute to community economic development.
IRS provides tax inflation adjustments for tax year 2019 December 2018 The Internal Revenue Service announced this month the tax year 2019 annual inflation adjustments for more than 60 tax provisions, including the tax rate schedules and other tax changes.
Judgment for dissolution of farmland partnership upheld By Jeffrey A. Mollet March 2018 The recent opinion in Palmer v. Mellen2 illustrates how a family situation can deteriorate even when a written partnership agreement is in place.
Lack of spouse’s signature: A problem for perfection? By Jeffrey A. Mollet and Nicole E. Mollet October 2018 With the significant and long-term downturn in the agricultural economy, many producers with marginal financial resources are teetering on the edge of collapse. In many instances, a bankruptcy filing will be the result.
New farm bill: What are the topics of discussion? By Jeffrey A. Mollet May 2018 The House Committee on Agriculture recently approved the Agriculture and Nutrition Act of 2018, which will address the economic challenges facing farmers and ranchers and make investments in opportunities for SNAP recipients.
Punitive damages awarded in North Carolina farm nuisance case By Jeffrey A. Mollet June 2018 Agricultural producers in Illinois have recently been successful and defending nuisance litigation under Illinois right to farm laws.
Purchase money security interest and equipment purchases By Jeffrey A. Mollet September 2018 Most lenders seek a secured position when lending money, and when possible they want a purchase money security interest.
Some dangers to your client’s continuing right to receive federal farm payments and benefits By Jeffrey A. Mollet February 2018 Compliance with the 'sodbuster' and 'swampbuster' rules within the 2014 Farm Bill is required for some federal subsidies, therefore necessitating an understanding of such rules.
The tariffs and agriculture By Jeffrey A. Mollet September 2018 The U.S. Department of Agriculture is taking steps to assist farmers in response to trade damage from unjustified retaliation by foreign nations.
Tax court says no time limit for examining calculation of DSUE By Kristine A. Tidgren January 2018 A recent tax court opinion stands for the proposition that there is no limit to the number of years the IRS can go back to review (and correct) a DSUE reported by the estate of the spouse who died first. This lends a bit of uncertainty to the benefit of portability.
Websites, newsletters, and information of interest By Jeffrey A. Mollet February 2018 A list of resources that you may find helpful in your practice.
What are the rules of the road for farm vehicles? By Dirk H. Beckwith December 2018 An overview of the rules and requirements for farm vehicles.