Section Newsletters

Articles on Agricultural Law

Option or Right of First Refusal Choose Your Words Carefully When Drafting Dispositive Provisions By Jeffrey A. Mollet & Michael A. Lawlor Agricultural Law, October 2024 A recent court opinion involved the interpretation of language in a will that provided for the disposition of certain farmland as well as the granting of certain purchase rights in that land to a tenant farmer.
Is This Your Father’s Blackacre? Checklist for Sale of Farm Land By Alan E. Stumpf Agricultural Law, March 2024 Tips and considerations to prepare for a farm sale transaction.
Legislative Analysis of S.2019/H.R. 4417: The ‘Ending Agricultural Trade Suppression Act’ Food Law, October 2023 The Ending Agricultural Trade Suppression Act would transform the current balance of regulatory authority between the states and federal government by eliminating virtually all state and local legislative powers to impose standards or conditions on the preharveset production of agricultural products entering their own borders.
Legislative Analysis of S.2019/H.R. 4417: The ‘Ending Agricultural Trade Suppression Act’ Animal Law, October 2023 The Ending Agricultural Trade Suppression Act would transform the current balance of regulatory authority between the states and federal government by eliminating virtually all state and local legislative powers to impose standards or conditions on the preharveset production of agricultural products entering their own borders.
U.S. Supreme Court Restricts Federal Jurisdiction Over Wetlands By Kristine A. Tidgren Agricultural Law, July 2023 On May 25, 2023, the U.S. Supreme Court significantly narrowed the definition of “waters of the United States.” 
One Day Rest in Seven Act and ‘Employees Employed in Agriculture’ By Jeffrey A. Mollet Agricultural Law, March 2023 As of January 1, 2023, the One Day Rest in Seven Act, by its terms, applies to all “employers” in Illinois.
Is a Tenant Farmer Really a ‘Tenant’? By Jeffrey A. Mollet Agricultural Law, January 2023 An analysis of an area of law once thought to be clear cut—farm tenancy.
Trespass: Understanding the Basics and Requirements for Notice By Garrett Thalgott Agricultural Law, January 2023 Illinois adopted a law that makes it significantly easier for landowners to notify the public that entrance onto private property is forbidden. Unfortunately, there are many landowners that are still unaware of it and those that have heard of it often don’t know how to take advantage of it.
No Trust, No Authority, No Transaction? No Problem? By Jeffrey A. Mollet Trusts and Estates, November 2022 A look at the issues considered when an auctioneer brings a fully executed auction contract for a title commitment.
Climate Change Theory and Agricultural Law in 2022 By Alan E. Stumpf Agricultural Law, July 2022 We are seeing incentive driven technology advocated for those in agricultural production.
No Trust, No Authority, No Transaction? No Problem? By Jeffrey A. Mollet Real Estate Law, May 2022 A 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. Mollet Agricultural Law, April 2022 A look at the issues considered when an auctioneer brings a fully executed auction contract for a title commitment.
Will It Fly? By Alan Stumpf Agricultural Law, April 2022 A brief overview of the new revenue "Green Book" for the 2023 fiscal year.
‘Come Uppins’ Perhaps? Farmer Gets Bad News From Bankruptcy Court on Chapter 12 Conversion Request By Jeffrey A. Mollet Agricultural Law, January 2022 A summary and analysis of In re Steven Keith Jenkins, Debtor, a farm bankrupcy opinion.
Chapter 12 Bankruptcy Rates Have Increased in Most Agricultural States By Nigel Key, Jonathan Law, & Christine Whitt Agricultural Law, December 2021 Researchers from USDA, Economic Research Service recently created a new measure of bankruptcy rates that allows for a more accurate comparison of bankruptcy rates across states and over time.
Women Identified as Operators on 51 Percent of U.S. Farms in 2019 By Christine Whitt & Jessica E. Todd Agricultural Law, June 2021 In 2019, more than half of all farming operations in the U.S. had at least one woman operator.
Do Your Clients Know the Benefits of Leaving the Farm in Trust? By Curt Ferguson Trusts and Estates, May 2021 A look at how to limit the risks future generations may encounter when farms are kept in families.
Do Your Clients Know the Benefits of Leaving the Farm in Trust? By Curt Ferguson Elder Law, May 2021 A look at how to limit the risks future generations may encounter when farms are kept in families.
Do Your Clients Know the Benefits of Leaving the Farm in Trust? By Curt Ferguson Agricultural Law, March 2021 A look at how to limit the risks future generations may encounter when farms are kept in families.
Lesson From the Tax Court: The Right Way To Do Conservation Easements By Prof. Bryan Camp Agricultural Law, January 2021 Kumar Rajagopalan and Susamma Kumar v. Commissioner shows how taxpayers can properly deduct the donation of a conservation easement if they have good planning, good representation, and good luck.
Farm Leases for Today’s Agriculture By Jeffrey A. Mollet Agricultural Law, October 2020 As 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.
Guide to 2018 USDA Farm Bill Programs By Lynne R. Ostfeld Agricultural Law, October 2020 A list of programs that help farmers funded by the Farm Service Agency, Natural Resources Conservation Service, or Risk Management Agency.
‘Right to Farm’ Gaining the Interest of the U.S. Supreme Court? By Jeffrey A. Mollet Real Estate Law, October 2020 Presently, 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. Mollet Agricultural Law, September 2020 Presently, 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.
Food & Supplements Update By Lynne Ostfeld Agricultural Law, March 2020 A summary of topics discussed at the 2019 ABA Food and Supplements Subcommittee's annual conference.
Hold-Over Farm Tenant Pays Dearly By Jeffrey A. Mollet Agricultural Law, March 2020 The tenancy of farmland is an often misunderstood topic.
Farm Bankruptcy: The Non-Dischargeability of Debts as a Result of False Representations By Jeffrey A. Mollet Agricultural Law, February 2020 The recent case of In re Kurtz once again addressed the issue of the dischargeability of debts in a farm bankruptcy.
Statute vs. Statute: A Landowner’s Potential Liability for ATV Accidents and Injuries By Jeffrey A. Mollet Agricultural Law, February 2020 A summary of the recent appellate case, Jones v. Steck.
Basic Fall Business Planning By Jeffrey A. Mollet Agricultural Law, October 2019 As 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.
Processing Outside Crops Not Exempt From Overtime By Charles P. Rudolph Agricultural Law, October 2019 While the general exception of farm workers from overtime pay requirements may be well known, some limitations on the exception relating to processing farm produce may come as a surprise.

Select a Different Subject