Midwest Agricultural Law
Taking An Insurance “Award” at Face Value: When A Producer Stood His Ground
Recently, we handled a denial of insurance claim on behalf of a Nebraska Producer who experienced abnormally low yields as a result of an unprecedented drought. The Producer had a valid Federal Crop Insurance Policy and submitted a claim to his insurance company for the loss, using grain scale tickets, [...]
Joint Ventures: When Helping Out Can Create Legal Issues
In any ag community there is lot of cooperation and partnership between farming operations and the ag industries that service those operations. Neighbors may loan equipment and labor to put in, maintain, or harvest a crop, while others do the same to care for livestock. In some cases, an ag [...]
IT’S THE SIMPLE THINGS: Avoiding Default in a National Grain and Feed Assoc. Arbitration
While waiting on an arbitration ruling from the National Grain and Feed Association (“NGFA”), I reviewed some of the NGFA's recent decisions. I was surprised to see how many cases were not decided on the merits, but rather, a party’s failure to simply comply with the NGFA’s rules. Take for [...]
Proposed Legislation Affecting Nebraska Farmers
Nebraska State Capitol landscape at sunrise Three bills were submitted to the Nebraska Legislature this month that work to protect Nebraska farmers. LB 662 proposes a change to the Nebraska Right to Farm Act. This Act makes it harder for neighbors to sue farmers over nuisances. This [...]
The Long Arm of the Law: Investigating Crop Insurance Fraud
The long arms of the USDA Risk Management Agency (RMA) recently caught a Nebraska man for making false statements in the collection of a sizeable crop insurance claim. The end result was a sentence of 16 weekends of jail time, a $100 special assessment, a $30,000 fine and the kicker [...]
Does It Come Furnished: Are Center Pivots Fixtures or Real Property?
Central pivot irrigation systems are vitally important in Nebraska. Not only is Nebraska the most irrigated state in the U.S., it is also the largest producer/user of center pivot systems in the world.[1] For Nebraska farmers and legal practitioners alike, it may be important to understand how center pivot [...]
About the Blog
The best way to gain insight into a person is to walk in their shoes. Having grown up on a farm in Iowa, attorney Sean Minahan has walked in the shoes of those in the farming industry, which is why he feels at home in the field—of agricultural law. His blog, the Midwest Agricultural Law Guide, was created to offer legal discussion and encourage the use of social media in the agricultural industry.
Sean A. Minahan
Editor and Author