Crop share leases making a comeback?By Jeffrey A. MolletAgricultural Law, August 2017As the historically high sale prices of farmland has softened in many areas, landlords are considering other lease options and show a renewed interest in the crop share lease. Here are a few issues to consider.
2017 rural ramblings and thoughtsBy Jeffrey A. MolletAgricultural Law, June 2017Data and general information that may be of use to agricultural law practitioners.
Post-death conservation easements—Another way to save the farm?By Andrew G. WhiteAgricultural Law, June 2017A conservation easement is a contribution of a qualified real property interest to a qualified organization to be used exclusively for conservation purposes. Conservation purposes include, among other things, the preservation of farmland.
Post-death conservation easements—Another way to save the farm?By Andrew G. WhiteBusiness Advice and Financial Planning, June 2017A conservation easement is a contribution of a qualified real property interest to a qualified organization to be used exclusively for conservation purposes. Conservation purposes include, among other things, the preservation of farmland.
What constitutes a gift of farm land?By Jeffrey A. MolletTrusts and Estates, June 2017The recent opinion of Jackson v. DBR Jackson partnership, et al., presented an unusual question: is a parent’s adding a party to a contract for deed as a purchaser sufficient to vest that party with an interest in or title to that property?
Understanding USDA microloans and how clients might benefitBy Jeffrey A. MolletAgricultural Law, May 2017The microloan program might be a good alternative for many clients looking to obtain a small loan in short order for a specific purpose.
What constitutes a gift of farm land?By Jeffrey A. MolletAgricultural Law, May 2017The recent opinion of Jackson v. DBR Jackson partnership, et al., presented an unusual question: is a parent’s adding a party to a contract for deed as a purchaser sufficient to vest that party with an interest in or title to that property?
The J51 non-commercial driver’s licenseBy Jeffrey A. MolletAgricultural Law, April 2017A new driver’s license is available to the farmers of Illinois— the J51.
Animal welfare topics at the forefrontBy Jeffrey A. MolletAgricultural Law, March 2017There have been a couple of developments on the animal welfare front recently, one by the United Nations and the other from the USDA.
Where is agriculture, and therefore agricultural law, headed?By Jeffrey A. MolletAgricultural Law, March 2017A look at the results of a recent USDA study that may possibly predict what legal issues we might need to be prepared for in the future.
Legitimate income tax collection activity by Illinois?By Paul A. MeintsAgricultural Law, February 2017If your client tells you that the State of Illinois is exerting pressure to be paid, call this number before telling them to write the check.
New source for agricultural informationBy Jeffrey A. MolletAgricultural Law, February 2017Editor Jeff Mollet shares a new alternative to the now-defunct Farmpolicy.com Web site.
Double deduction for prepaid farm expensesBy Paul A. MeintsTrusts and Estates, January 2017The United States Tax Court issued its opinion on December 8, 2016 in the case of Estate of Steve K. Backemeyer v. Commissioner.
Section Council travels to Deere & CompanyBy Jeffrey A. MolletAgricultural Law, January 2017The ISBA Agricultural Law Section Council recently met at the World Headquarters of Deere & Company in Moline, Illinois, to both address ISBA business and to gain further insight into the current state of agriculture from a new perspective.
Tax ideas & suggestions for 2017By Paul A. MeintsAgricultural Law, January 2017News and noteworthy tidbits condensed from practitioner Paul Meints' annual client update letter.
The GST trust tax trapBy Joseph R. Marconi & Brian C. LangsTrusts and Estates, December 2016This 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.
Proposed Section 2704 regulations: Insights straight from the sourceBy George L. SchoenbeckTrusts and Estates, December 2016On 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.
Internal Revenue Service announces inflation adjustments for 2017By Jeffrey A. MolletAgricultural Law, November 2016Some 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.
Proposed Section 2704 regulations: Insights straight from the sourceBy George L. SchoenbeckAgricultural Law, November 2016On 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.
Temporary nuisance production agriculture in the cross-hairs againBy Stephen R. KaufmannEnvironmental and Natural Resources Law, November 2016On 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.
The GST trust tax trapBy Joseph R. Marconi & Brian C. LangsAgricultural Law, October 2016This 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.
Make cash rent negotiations less complicatedBy Dan GrantAgricultural Law, October 2016As 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.
Temporary nuisance production agriculture in the cross-hairs againBy Stephen R. KaufmannAnimal Law, September 2016On 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.
Future of agriculture? The USDA weighs inBy Jeffrey A. MolletAgricultural Law, August 2016Knowing 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.
Temporary nuisance production agriculture in the cross-hairs againBy Stephen R. KaufmannAgricultural Law, August 2016On 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.
Deficiency denied due to delay in the sale of collateralBy Jeffrey A. MolletAgricultural Law, May 2016Once 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 SplashBy Kristine A. TidgrenAgricultural Law, May 2016A 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.
2014 Farm Bill: Election yearBy Kristine A. TidgrenAgricultural Law, April 20162015 saw the first signups for Price Loss Coverage and Agriculture Risk Coverage under the Agricultural Act of 2014.
The Clean Water Rule: Waters RageBy Kristine A. TidgrenAgricultural Law, April 2016Although 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.
