Agricultural Law

The newsletter of ISBA’s Section on Agricultural Law

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2012 Articles

2012 drought crop insurance, coverage and claims—Frequently asked questions and answers September 2012 Frequently asked questions and answers from the August 6 - 13, 2012 addendum as posted by the USDA Risk Management Association.
2012 payroll update By Jeffrey A. Mollet January 2012 Many 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).
Aflatoxin contamination and insurance By Jeffrey A. Mollet September 2012 The 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.
Agricultural fun facts By Jeffrey A. Mollet March 2012 How about a few facts about agriculture that you can use to stump your friends at the coffee shop?
Biofuel tax breaks—To be or not to be? By Jeffrey A. Mollet April 2012 The Senate Finance Committee subcommittee has been debating how (or perhaps whether) to extend the now expired and/or expiring alternative fuel federal tax incentives.
Certain Illinois counties now eligible for cost-share to meet emergency water needs August 2012 An informative press release from the USDA's Farm Service Agency.
Crop insurance implication of aflatoxin in corn By Gary Schnitkey September 2012 If 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 problems By John W. Damisch September 2012 An overview of some of the issues affecting farmers and the ag industry that Illinois lawyers should be prepared to address.
Editor’s notes By Jeffrey A. Mollet September 2012 An introduction to the issue from Editor Jeffrey Mollet.
Estimating crop insurance recovery 2012 By Jeffrey A. Mollet August 2012 Although 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.
Farms and the new 2013 Medicare tax increases By Marc C. Lovell December 2012 An overview of how the new health care reform measures will affect farmers.
Federal court looks at antibiotic use in the livestock industry By Jeffrey A. Mollet April 2012 A 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.
Federal Crop Insurance Act preempts security interests in crop insurance By Erika Eckley August 2012 The 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.
For what it’s worth—Odds and ends By Paul A. Meints January 2012 Recent tax and estate law updates of interest to agricultural law practitioners.
ICE Futures U.S. launches five new grain and oilseed futures products By Ann Hagerty May 2012 Intercontinental Exchange Inc. began offering futures and options in U.S. Corn, Wheat, Soybean, Soybean Meal and Soybean Oil on May 14th and 15th respectively.
IDOT long-range state transportation plan By Jeffrey A. Mollet May 2012 On 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.
Lessons from the drought of 1988 By Jerry W. Quick September 2012 The 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.
A new way of leasing—A looming need for Illinois land owners? By Jeffrey A. Mollet March 2012 A list of resources to consider when beginning a land use case.
One more thing to love about Fastcase March 2012 Learn about an exciting new development Fastcase has to offer.
Rezoning farmland—Yet another pitfall identified By David Hoff December 2012 A look at the recent case of Guth v. Tazewell County, et al.
Tax and legal issues associated with the 2012 drought By Roger A. McEowen September 2012 The 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.
Transfer on Death Instrument Act applications in agricultural law By James R. Grebe & Michael P. Roush June 2012 The 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. 
U.S. Dept. of Labor proposes child labor rules affecting agriculture By Craig J. Sondgeroth February 2012 The proposed rules were likely a result of recent child injuries and deaths in agriculture, including the 2010 deaths of two Illinoisans, ages 14 and 19.