2014 tax informationBy Jeffrey A. MolletAgricultural Law, November 2013IRS updates of general interest.
The Section Council’s focus on “mean seeds”By David H. HopkinsAnimal Law, October 2013The Animal Law Section Council resolved in June to explore with appropriate Illinois officials the ultimate question presented by a recent study: Should the “mean seeds” species be banned from future Conservation Reserve Progarm plantings in Illinois?
Conveying farmland subject to CRP contractsBy Gary R. GehlbachTrusts and Estates, September 2013Farms that include land subject to one or more Conservation Reserve Program contracts are routinely bought and sold. Accompanying this article is a form that the author routinely uses, with appropriate modifications depending on the transaction, for the assignment of a CRP contract.
Information on the direct sale of agricultural productsAgricultural Law, September 2013The Illinois Stewardship Alliance recently released a legal guide for farmers wanting to sell directly to consumers, restaurants and others.
Remaining educated to represent your clientsBy Jeffrey A. MolletAgricultural Law, August 2013Need to familiarize yourself with the unique ag issues that consistently arise? Check out these resources.
“Farm” bankruptcies and the ripple effectsBy Jeffrey A. MolletAgricultural Law, May 2013Perhaps in no area of the law are the problems any bigger than in the realm of bankruptcy, and these problems are magnified and made more difficult when the “farmer” is one of these large operators.
A move towards a more fair division: Envisioning a new Illinois Fence ActBy A. Bryan Endres & Lisa R. SchlessingerAgricultural Law, March 2013This article describes fence law models applied in major agricultural producing states, examines the current Illinois statute and case law, and recommends, based on economic efficiency principles, revising the Illinois Fence Act to reflect modern land use practices based on the equitable cost-sharing model adopted by the Missouri Legislature in 2001.
Aflatoxin contamination and insuranceBy Jeffrey A. MolletAgricultural Law, September 2012The August 2012 USDA Risk Management Agency fact sheet for aflatoxin testing provides good advice and direction for dealing with the possibility of a discount upon the sale of corn.
Crop insurance implication of aflatoxin in cornBy Gary SchnitkeyAgricultural Law, September 2012If aflatoxin is suspected, the crop insurance agent should be contacted immediately. The agent will notify the insurance company who will arrange for independent testing for aflatoxin and the farmer must pay for the independent testing. Testing after placing grain in storage could result in invalidating claims for aflatoxin.
Drought those legal problemsBy John W. DamischAgricultural Law, September 2012An overview of some of the issues affecting farmers and the ag industry that Illinois lawyers should be prepared to address.
Lessons from the drought of 1988By Jerry W. QuickAgricultural Law, September 2012The author shares the legal questions he received relating to grain contracting, grain production, and the grain industry which arose during the epic drought of 1988.
Tax and legal issues associated with the 2012 droughtBy Roger A. McEowenAgricultural Law, September 2012The drought in significant parts of the country during the summer of 2012 has raised a number of tax and law-related questions for farmers and ranchers.
Estimating crop insurance recovery 2012By Jeffrey A. MolletAgricultural Law, August 2012Although the true extent of this year's crop losses are not fully known in many areas at this point, it would be helpful for most farmers to have an idea of where they stand with the crop insurance they purchased.
Federal Crop Insurance Act preempts security interests in crop insuranceBy Erika EckleyAgricultural Law, August 2012The case of In re Duckworth involved several issues that arose during the administration of a farmer’s Chapter 7 bankruptcy surrounding the security interest of multiple lenders.
Transfer on Death Instrument Act applications in agricultural lawBy James R. Grebe & Michael P. RoushAgricultural Law, June 2012The TODI may be a useful alternative to wills, trusts, and other estate planning options, and should be considered when discussing estate planning with your farmer-clients for the transfer of their homestead to the next generation.
IDOT long-range state transportation planBy Jeffrey A. MolletAgricultural Law, May 2012On April 30, 2012, the Illinois Department of Transportation (IDOT) announced plans to update its Long-Range State Transportation Plan (Plan), all as required by the Federal Highway Administration and Federal Transit Administration.
Biofuel tax breaks—To be or not to be?By Jeffrey A. MolletAgricultural Law, April 2012The Senate Finance Committee subcommittee has been debating how (or perhaps whether) to extend the now expired and/or expiring alternative fuel federal tax incentives.
Federal court looks at antibiotic use in the livestock industryBy Jeffrey A. MolletAgricultural Law, April 2012A summary of Natural Resources Defense Council, et al. v. FDA, in which the Court ultimately found that 21 U.S.C. §360b(e) (1) “unambiguously commands the Secretary to withdraw approval of any new animal drug that he finds not shown to be safe, provided that the sponsor of the animal drug has notice and an opportunity for a hearing.
Agricultural fun factsBy Jeffrey A. MolletAgricultural Law, March 2012How about a few facts about agriculture that you can use to stump your friends at the coffee shop?
2012 payroll updateBy Jeffrey A. MolletAgricultural Law, January 2012Many of our farmer and agribusiness clients don’t often understand the various tax and financial issues which necessarily arise as a result of having retained employees (or perhaps “independent contractors,” in many instances).
For what it’s worth—Odds and endsBy Paul A. MeintsAgricultural Law, January 2012Recent tax and estate law updates of interest to agricultural law practitioners.
