Agricultural Law

The newsletter of ISBA’s Section on Agricultural Law

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2011 Articles

Apparently, “head-in-the-sand” is not a valid defense By Jeffrey A. Mollet October 2011 The recent case of U.S. v. Buchman gives practitioners guidance on what not to do to prove your case.
Ask the Ag Law Expert—Or at least get a bunch of opinions! September 2011 The Ag Law discussion group, or list serve, serves as an open forum for Section members to post questions and seek responses. Get more details and sign up here.
Average adjusted gross income 2009 - 2012 By David Hoff November 2011 A refresher on the Adjusted Gross Income issue as applicable for the remainder of 2011 and all of 2012.
Country roads: Who owns them? By Robert F. Russell August 2011 After searching the records at the courthouse and at the county superintendent’s office, the sellers’ attorney should be able to determine whether the road or roads in question were established by statute or by a dedication that conforms with the Illinois Plat Act.
Estate and gift tax changes for 2012 By Mike Drone December 2011 Tax changes that will take effect in the next year.
Expiration of biotech crop patents—Issues for growers By Roger A. McEowen December 2011 The patent expiration of the first generation of Roundup Ready soybean trait in 2014 will be the first time that a major biotech trait will become potentially subject to competition with generic traits.
Federal agency backs off—Operators of farm vehicles not subject to CDL requirements By Roger A. McEowen & Erin Herbold-Swalwell November 2011 On May 31, 2011, the Federal Motor Carrier Safety Administration issued a Notice seeking public comment on three issues relating to the applicability of the Federal Motor Carrier Safety Regulations to operators of farm vehicles. Many farm operators and agricultural groups interpreted the Notice as an attempt to require Commercial Driver’s Licenses for operators of ag equipment.  
IDOT answers your questions: Farmers and the Motor Carrier Safety Regulations February 2011 The following article, reprinted here from the Illinois Department of Transportation Web site, answers questions regarding how the FMCSR and the IMCSR apply to farmers and those who work for them.
Legal guide and Web site help small farm producers through maze of legal obligations By Nicholas R. Johnson June 2011 A new Legal Guide for Illinois Direct Farm Businesses identifies and explains the legal issues associated with selling foods directly to consumers at locations such as farmers' markets and roadside stands.
Listserve basics By Ann Hagerty February 2011 ISBA Listserves are Internet discussion groups which allow members to pose questions to and share answers with other lawyers. Here are some guidelines to follow when posting information.
Painting a solution to Illinois’ trespassing problems By Michael Massie October 2011 Governor Quinn recently signed legislation amending the Purple Paint Law, allowing landowners to mark trees or posts with purple paint to signify "no trespassing" instead of the traditional posted sign.
Rising farmland values: Causes and cautions By Lewis F. Matuszewich September 2011 The Federal Reserve Bank of Chicago, on November 15, 2011, will hold a one-day Conference on the factors contributing to the large increase in agricultural land values and cash rental rates in the Midwest.
Rising farmland values: Causes and concerns By Lewis F. Matuszewich August 2011 The Federal Reserve Bank of Chicago will hold, on November 15, 2011, an all-day Conference to explore the factors contributing to a large increase in agriculture land prices and agricultural cash rental rates in the Midwest.
Roaming the prairie—Random thoughts on recent agricultural topics of interest By Jeffrey A. Mollet June 2011 Legal updates of interest to agricultural law practitioners.
Selected developments in ag law By Donald L. Uchtmann May 2011 Five interesting developments involving farmers' forward contracts, the Illinois Grain Insurance Fund, livestock and the Agricultural Exemption to the Illinois Workers' Compensation Act.