2002 Articles

Are you liable for overtime pay? By Jeffrey A. Mollet April 2002 Generally, a salaried employee has always been considered just that; an employee who for a set salary works as many hours (or as few hours in some cases) as necessary to accomplish the duties assigned to be completed.

Current developments in income taxation of trusts and estates By Mike Drone July 2002 The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) brought major tax relief for individuals both in the income and estate tax areas.

Current topics—individual income tax By Thomas F. Hartzell July 2002 The Economic Growth and Tax Relief Reconciliation Act of 2001 was passed by Congress on May 26, 2001, and signed by President Bush shortly after the Memorial Day recess of Congress.

Estate and gift tax changes for 2002 By Mike Drone January 2002 Several changes in the estate and gift tax law go into effect in 2002.

Estate planning update for 2002—something old… something new…something borrowed… something blue By Paul A. Meints September 2002 Budgetary problems at both the national and state levels in the past and perhaps (probably?) again in the future make it difficult to predict what will happen in the future.

The Farm Security and Rural Investment Act of 2002— A primer By Jeffrey A. Mollet November 2002 After much debate and political wrangling, The Farm Security and Rural Investment Act of 2002 (the Act) was signed by President Bush on May 13, 2002.

FDIC insurance coverage for estates and revocable trusts By Mike Drone November 2002 Just as grain elevators can fail, so can banks. If you represent the executor of an estate or the trustee of a revocable trust it is important to understand how FDIC insurance applies to estate or trust bank deposits.

Landlord’s lien issues: a trap for the uninformed and unmotivated By James R. Grebe January 2002 Article 9 of the Illinois Uniform Commercial Code (810 ILCS 5/9-101, et seq.) (hereinafter referred to as "UCC") was revised in the Year 2000. The revisions were effective July 1, 2001.

New income tax rates for non-grantor trusts and estates By Mike Drone April 2002 The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) brought major tax relief for individuals both in the income and estate tax areas.

Planning for higher education expenses By Kenneth R. Eathington September 2002 Paying higher education expenses can be a daunting task. Recent changes in the tax laws provide increased incentives for saving for higher education, as well as tax breaks to help offset some of the costs when you pay the expenses.

Recent developments in the law of agricultural biotechnology By Donald L. Uchtmann November 2002 This article highlights selected topics from "Legal Issues in Biotechnology: A Farmer's Perspective" presented by the author on April 29, 2002 as part of Law of the Prairie, a continuing legal education program of the Illinois State Bar Association.

Riding high again—thanks to the Illinois Equine Activity Liability Act By Teresa Vamos May 2002 According to a report on horse industry statistics prepared on behalf of the Horsemen's Council of Illinois, Illinois is a state that has more horses than Kentucky.

Saline County, Kansas resolution placing builders on notice of agricultural use By David Hoff May 2002 Illinois and several other states have legislation designed "to protect farming operations from nuisance suits under certain circumstances," 740 ILCS 70/0.01 et seq., with the stated purpose of such legislation being "to conserve and protect and encourage the development and improvements of its agricultural land for the production of food and other agricultural products." 740 ILCS 70/1.

Securing the right to receive government payments under revised Article 9 By Jeffrey A. Mollet January 2002 Whether a security interest in government program payments is perfected has always been at the center of debate, generally in the bankruptcy or "farmer-in-distress" context, and the issue remains largely unresolved by the recent revisions to Article 9 of the Illinois Uniform Commercial Code that took effect on July 1, 2001.

Supreme Court considering plant patent issue By Thomas A. Jennings January 2002 On October 3, 2001, the Supreme Court heard oral arguments in Pioneer Hi-Bred International, Inc. v. J.E.M. Ag Supply, Inc. 99-1996 to determine whether patents on Pioneer genetically engineered seed corn were valid under Title 35, section 101 of the United States Code.

Taxes for the general practitioner By Thomas F. Hartzell January 2002 Every member of our firm does income taxes and three members do Federal and State of Illinois estate tax returns.

A tribute to Professor Harold (Hank) W. Hannah By Donald L. Uchtmann & Margaret Rosso Grossman April 2002 Harold "Hank" Winford Hannah, a respected lawyer, teacher and scholar, died November 20, 2001 in Mt. Vernon, Illinois, just a few miles from his rural Texico home.

Using defined survey terms in farmland purchase agreements By Kenneth R. Eathington May 2002 Often times buyers and sellers will negotiate, as a condition of a contract for the purchase of farmland, the delivery of a survey.

What is a “farm residence” under the Livestock Management Facilities Act? Will we ever know? By Brian Cahill April 2002 A case pending in the Fourth District Appellate Court may soon provide insight into what it means to be a "farm residence" within the context of the Livestock Management Facilities Act, 510 ILCS 77/1 et. seq.

Zoning and land use: A case study in urban sprawl By Paul J. Evans November 2002 The following is an excerpt from materials presented by the author at the ISBA's Agricultural Law Section's "Law of the Prairie" seminar in the spring of this year.