Fallout from the Elimination of the Chevron Doctrine BeginsBy Jeffrey A. MolletAgricultural Law, October 2024Until recently the “Chevron Doctrine” gave the agency adopting such regulations certain deference as to the interpretation of the statutory requirements, i.e., provided the statute does not speak to the issue, judicial deference was generally appropriate so long as the agency’s interpretation is not unreasonable.
Is a Tenant Farmer Really a ‘Tenant’?By Jeffrey A. MolletAgricultural Law, January 2023An analysis of an area of law once thought to be clear cut—farm tenancy.
No Trust, No Authority, No Transaction? No Problem?By Jeffrey A. MolletTrusts and Estates, November 2022A look at the issues considered when an auctioneer brings a fully executed auction contract for a title commitment.
No Trust, No Authority, No Transaction? No Problem?By Jeffrey A. MolletReal Estate Law, May 2022A look at the issues considered when an auctioneer brings a fully executed auction contract for a title commitment.
No Trust, No Authority, No Transaction? No Problem?By Jeffrey A. MolletAgricultural Law, April 2022A look at the issues considered when an auctioneer brings a fully executed auction contract for a title commitment.
Farm Leases for Today’s AgricultureBy Jeffrey A. MolletAgricultural Law, October 2020As farms have grown, technology has become more prevalent, and farmland owners no longer reside on or are intimately connected with the farm, written leases have become far more common and prevalent in the agriculture space.
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court?By Jeffrey A. MolletReal Estate Law, October 2020Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court?By Jeffrey A. MolletAgricultural Law, September 2020Presently, there are a multitude of “right to farm” state court decisions on the books—and Indiana's right to farm statute could be headed to the United States Supreme Court.
The Dicamba Roller Coaster ContinuesBy Jeffrey A. MolletAgricultural Law, June 2020A recent ninth circuit opinion found that the conditional registration of three dicamba-based herbicides was improperly issued by the Environmental Protection Agency.
The Right to Setoff in Bankruptcy: Debtors vs. Farm Service AgencyBy Jeffrey A. MolletAgricultural Law, June 2020An interesting issue as to the right of setoff, or lack thereof, was recently addressed in a farm bankruptcy dispute between husband and wife debtors and the Farm Service Agency.
Hold-Over Farm Tenant Pays DearlyBy Jeffrey A. MolletAgricultural Law, March 2020The tenancy of farmland is an often misunderstood topic.
Basic Fall Business PlanningBy Jeffrey A. MolletAgricultural Law, October 2019As 2019 winds down, it is a good time for clients to reflect on what the past year has provided and to begin to make business plans for the coming year.
Simple But Major Amendment to Chapter 12By Jeffrey A. MolletAgricultural Law, September 2019In late August, President Trump signed legislation amending Chapter 12 of the Bankruptcy Code, raising the debt limit for potential Chapter 12 debtors.
Trading Farmland for a Vacation Home: Can This Be a Qualified 1031 Exchange?By Jeffrey A. MolletAgricultural Law, September 2019When dealing with replacement property, care should be taken to make sure that the client's facts and intended use of the replacement property fully meet the requirements of the applicable safe harbor rules.
Is the reference in a financing statement to a security agreement sufficient?By Jeffrey A. MolletAgricultural Law, June 2019A summary of I80 Equipment, LLC v. First Midwest Bank, in which the court determined whether a UCC-1 financing statement perfects a party’s security interest when that financing statement references a separate security agreement.
The need for a roundup on Roundup?By Jeffrey A. MolletAgricultural Law, June 2019Roundup has been making news recently, mostly as a result of the large verdicts rendered in litigation alleging the weed killer causes cancer.
Farm leasing: More complex than ever?By Jeffrey A. MolletReal Estate Law, April 2019Using a proper written lease to address many of the issues in farm land leases can help avoid potential problems.
Editor’s noteBy Jeffrey A. MolletAgricultural Law, March 2019For those advising agricultural clients, having a better understanding of the agricultural industry and trying to get a handle on the numbers of the business are musts.
IRS 2019 farm tax return due date extendedBy Jeffrey A. MolletAgricultural Law, March 2019The IRS recently announced that standard March 1 deadline for farmers to file a tax return has been extended to April 15, 2019.
Farm leasing: More complex than ever?By Jeffrey A. MolletAgricultural Law, January 2019Using a proper written lease to address many of the issues in farm land leases can help avoid potential problems.
Buyer’s premiums and bankruptcy auctionsBy Jeffrey A. MolletAgricultural Law, December 2018In re THR & Associates, Inc. and In re Ruffolo deal with the use of buyer's premiums in auctions held in Chapter 7 bankruptcies.
Lack of spouse’s signature: A problem for perfection?By Jeffrey A. Mollet & Nicole E. MolletAgricultural Law, October 2018With 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.
Purchase money security interest and equipment purchasesBy Jeffrey A. MolletAgricultural Law, September 2018Most lenders seek a secured position when lending money, and when possible they want a purchase money security interest.
The tariffs and agricultureBy Jeffrey A. MolletAgricultural Law, September 2018The U.S. Department of Agriculture is taking steps to assist farmers in response to trade damage from unjustified retaliation by foreign nations.
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