Midwest Agricultural Law - Lamson Dugan & Murray LLP

The Midwest Agricultural Law Guide, was created to offer legal discussion and encourage the use of social media in the agricultural industry.

1 Feb, 2023

Proposed Legislation Affecting Nebraska Farmers

Sean Minahan2023-02-02T10:22:04-06:00February 1st, 2023|Agriculture, Government Regulations, Legislation, Midwest Agricultural Law|

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 bill further limits who is permitted to file a nuisance action and recover damages. LB 394 determines damages for taking [...]

17 Oct, 2022

The Long Arm of the Law: Investigating Crop Insurance Fraud

Sean Minahan2022-10-17T15:21:49-05:00October 17th, 2022|Agriculture, Criminal Conduct, Crop Insurance, Farm Management, Fraud, Insurance coverage, Latest News, Midwest Agricultural Law|

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 of $1,000,000 in restitution. The sentence was for a 2015 crop insurance claim with the investigation starting after the man [...]

25 Oct, 2021

Does It Come Furnished: Are Center Pivots Fixtures or Real Property?

Sean Minahan2021-10-25T14:13:55-05:00October 25th, 2021|Agriculture, Farm Management, Midwest Agricultural Law|

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 systems are classified when either buying, selling, or assessing, for taxation purposes, farmland that utilizes a center pivot irrigation system. [...]

6 Jul, 2021

Iowa Supreme Court Values Closely Held Farm Corps

Sean Minahan2021-07-06T11:05:19-05:00July 6th, 2021|Farm Management, Latest News, Midwest Agricultural Law|

A recent case issued by the Iowa Supreme Court addressed the “fair value” of stock in a closely held farm corporation buyout. In Guge v. Kassel Enterprises, No. 19-2151 (Iowa Sup. Ct June 18, 2021), the Court provided clarity for determining what factors Iowa courts consider in calculating the “fair value” of a corporation in lieu of a dissolution proceeding. In Guge, three siblings owned all of the shares of [...]

26 May, 2021

Murphy’s Law: 5 Reasons to Insist on Written Custom Farming Contract

Sean Minahan2021-05-26T14:56:08-05:00May 26th, 2021|Contract, Farm Management, Midwest Agricultural Law|

VS. Custom farming agreements seem pretty straightforward and simple. Landowner asks Custom Operator to till the field, apply the inputs, plant and harvest the crop or cut and bale the hay. Custom Operator sets a price. Landowner and Custom Operator shake hands. Deal is done, right? Yes, if everything goes right. No, if the parties run into Murphy's Law of "if anything can go wrong, it will". [...]

22 Mar, 2021

Vacating Crop Insurance Arbitration Ruling: Is it 3 Months or 1 Year?

Sean Minahan2021-04-06T14:02:59-05:00March 22nd, 2021|Arbitration, Crop Insurance, Midwest Agricultural Law|

Which is it? Admittedly I keep going back to the well. Maybe it is because the rules and procedure for arbitrating a crop insurance claim are too complicated. Or maybe it is a dead horse and I need to get past feeling the Nebraska Supreme Court improperly ruled against my client in an arbitration claim in 2017. In that case, Karo v. NAU, an arbitrator ruled against the [...]

23 Feb, 2021

Modern Day Cattle Rustling: A New Remedy Under the P&S Act

Sean Minahan2021-04-06T14:21:52-05:00February 23rd, 2021|Government Regulations, Midwest Agricultural Law|

It's tough to reclaim cattle once they get to the feedlot While we are no longer living in the days of the Wild West, livestock dealers continue to face theft—particularly, in sales transactions gone wrong. Unfortunately, common remedies generally are inadequate to recover the full amount lost. In response, Congress has taken an active role in protecting the interests of the livestock industry. Statutory Trusts Under the Packers [...]

29 Jan, 2021

Time to Collect: Missouri River Landowners Get Win Against Corps of Engineers

Sean Minahan2021-02-05T09:38:44-06:00January 29th, 2021|Midwest Agricultural Law|

In a multi-phase litigation, the United States Court of Federal Claims in Washington, D.C. recently entered its trial order against the United States Army Corps of Engineers. The December 14, 2020 order found the plaintiff landowners were collectively entitled to damages for certain losses. Back in 2018, the Court issued its order in the Phase I trial of a “takings” action under the Fifth Amendment: The government’s physical invasion—via [...]

11 Dec, 2020

Nebraska “Farm Products” Definition: Now Includes Hemp and Goats

Sean Minahan2020-12-11T14:30:58-06:00December 11th, 2020|Midwest Agricultural Law|

Wait. Did you say Hemp? Nebraska has amended the definition of “farm products” for statutes that govern security interests on farm products. For the first time, the list of farm products now includes goats and hemp. Really, goats are just now being added? The Secretary of State has published a revised Nebraska Effective Financing Statement (Form EFS-1) that includes goats and hemp, which is in effect now. Effective [...]

25 Nov, 2020

Enigma Wrapped in a Riddle: Federal Arbitration Act Interplay with Crop Insurance Disputes

Sean Minahan2020-11-25T16:28:32-06:00November 25th, 2020|Arbitration, Crop Insurance, Midwest Agricultural Law|

Around this time last year, the 8th Circuit Court of Appeals found that an arbitrator did not exceed his authority when a dispute over the interpretation of a crop insurance policy provision arose after the arbitration proceedings. Balvin v. Rain and Haill, LLC. Why is this important? It is important because in 2015, the Federal Crop Insurance Corporation ("FCIC") issued Final Agency Determination ("FAD") 230* which stated the following: A [...]

30 Oct, 2020

Overturning a Crop Insurance Arbitration: The Struggle is Real

Sean Minahan2020-11-03T14:49:14-06:00October 30th, 2020|Arbitration, Crop Damage Claims, Crop Insurance, Midwest Agricultural Law|

Ask anybody who has attempted to overturn an arbitrator's award in a crop insurance arbitration; the struggle is real even when the arbitrator is dead wrong. Crop insurance arbitration is held to the standards of the Federal Arbitration Act (the "Act"). The Act strictly prohibits overturning an arbitration award unless "the arbitrators exceeded their powers, or so imperfectly executed them that a mutual final, and definite award upon the subject [...]

30 Sep, 2020

Protecting Your Crop Hail Claim: Dangers of the Roadside Adjustment

Sean Minahan2020-09-30T14:26:05-05:00September 30th, 2020|Crop Insurance, Midwest Agricultural Law|

Hail damage to corn field near Hastings, Nebraska Every year farmers face multiple weather events that can instantly undo the hard work of planting and maintaining a crop. Widespread drought and flooding can wipe out entire crops across a large area. On the other hand, hail and wind storm damage may be extremely variable. Notwithstanding the recent derecho event, a hail or wind storm might affect one farmer [...]

25 Aug, 2020

Likely One of More: Maxwell Foods v. Smithfield Foods

Sean Minahan2020-08-26T10:20:28-05:00August 25th, 2020|Midwest Agricultural Law|

Throughout the summer we received several requests to review production contracts between livestock producers and meat packers. The requests were made due to concerns that one party was not living up to the terms of the agreement. Consequently, it came as no surprise when one of the larger hog producers, Maxwell Foods, filed suit against one of the largest packers, Smithfield Foods, for breach of contract. The suit is likely [...]

21 May, 2020

Refresher on Nebraska Ag Liens Part 9: Agricultural Production Lien

Sean Minahan2020-06-04T09:16:06-05:00May 21st, 2020|Midwest Agricultural Law|

- A lien for the supplier of agricultural inputs for production of livestock or crops As we discussed, the agricultural production lien-notification can provide additional security on a debt for chemicals, feed, seed, petroleum, electricity or labor used in the production of livestock or crops. However, the lien-notification statement does not perfect the lien. To perfect the lien, the supplier is required to file a financing statement similar to the [...]

21 Apr, 2020

Refresher on Nebraska Ag Liens Part 8: Agricultural Production Lien-Notification Statement

Sean Minahan2020-05-11T11:56:57-05:00April 21st, 2020|Lien Rights, Midwest Agricultural Law|

- A lien for the supplier of agricultural inputs for production of livestock or crops On first look, the agricultural input lien may seem redundant to the fuel, fertilizer, pesticide, seed and electricity liens. However, the agricultural input lien can provide additional priority against other creditors in protecting a supplier's security interest if a certain hoop is jumped. Considering the current economic and social situation, the extra jump may [...]

16 Apr, 2020

Of Course Ag on the List: Identifying Essential Critical Infrastructure Workers During COVID-19:

Sean Minahan2020-05-11T12:00:48-05:00April 16th, 2020|COVID Business, COVID-19, Midwest Agricultural Law|

I know we’ve all had a fair share of questions regarding what is an “essential business” that would be allowed to remain open if the Nebraska Governor issued a shelter in place/shutdown order. While Gov. Ricketts has said he doesn’t intend to issue such an order, as we know, things change. The Cybersecurity & Infrastructure Security Agency (CISA) in the Dept. of Homeland Security put together guidance on the essential [...]

26 Mar, 2020

Why Your COVID-19 Planning Should Include Durable Powers of Attorney for Health Care and Finances

Sean Minahan2020-03-27T13:28:50-05:00March 26th, 2020|Best Practices, COVID Estate Planning, COVID-19, Farm Management, Midwest Agricultural Law|

At LDM, we share all the concerns of every family and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue addressing the legal concerns of existing and new clients as steadfastly as always. In the realm of legal matters, there is an important [...]

26 Mar, 2020

Refresher on Nebraska Ag Liens Pt. 7: Seed and Electricity Lien

Sean Minahan2020-04-13T09:39:37-05:00March 26th, 2020|Midwest Agricultural Law|

- A lien for the person who supplies seed or electrical power used in crop production- Although not exactly peanut butter and chocolate, the Nebraska legislature decided to shoehorn lien protections for the seed dealer and electric company into one statute. It is important to note that the dealer and power district do not have a lien on all crops, but only those "crops produced from the seed furnished or [...]

25 Feb, 2020

Production Contracts for Livestock, Swine, and Poultry—Required Disclosures

Sean Minahan2020-02-26T11:19:31-06:00February 25th, 2020|Breach of Contract, Farm Management, Midwest Agricultural Law|

The U.S.D.A Grain Inspection, Packers, and Stockyard Administration (GIPSA) continues to catch producers being off guard and assessing civil penalties in excess of $1,500—per contract—or other civil actions for marketing and production contracts which do not meet minimum federal requirements. If your contract does not meet the minimum standards it should be cancelled and replaced with a new compliant contract, which includes the appropriate required disclosures. GIPSA requires generous considerations [...]

20 Jan, 2020

Ag Watch

Sean Minahan2020-01-21T11:27:41-06:00January 20th, 2020|Midwest Agricultural Law|

According to Bloomberg News, the Federal Reserve Bank of Kansas City recently reported that “farm finances deteriorated across a swash of agricultural states during the summer and early fall . . .” Specifically, farm income fell in the third quarter from a year ago in each of seven rural states covered by the K. C. Fed., while farmers’ dependence on federal assistance programs increased. This situation is due, in part, [...]

30 Dec, 2019

Balancing Exclusions and Endorsements in Contract Feeding Insurance

Sean Minahan2019-12-30T13:40:43-06:00December 30th, 2019|Midwest Agricultural Law|

When a loss occurs at your feeding operation, it can be a devastating time. Obviously, insurance can help minimize the devastation. However, you must have the right insurance and be able to stay out of the many insurance exclusions. Insurance coverage is costly, and an owner may assume the premium price covers all the perils but there are often exclusions preventing the needed coverage. The very common “care, custody, or [...]

15 Nov, 2019

Refresher On Nebraska Ag Liens Pt. 6: The Fertilizer & Chemical Lien

Sean Minahan2019-11-19T11:18:25-06:00November 15th, 2019|Best Practices, Farm Management, Getting Paid, Midwest Agricultural Law|

Sounds good.....But I'm still going to have file that lien A lien for those who supply or apply fertilizer or agricultural chemicals for the production of crops. Over the past couple years, we have had to assist several crop input suppliers and appliers who have relied on their customer's promise to pay their bill after harvest, only for the customer to run into a financial problem and not [...]

7 Oct, 2019

Word to the Wise: Provide the NRD What They Ask For!

Sean Minahan2019-10-07T13:34:33-05:00October 7th, 2019|Midwest Agricultural Law|

A pivot is only as good water allowed to run through it If you own farmland in a Natural Resource District in the state of Nebraska, then the case of Prokop v. Lower Loup Nat. Res. Dist., should give you pause. Robert Prokop has operated a farm since 1962 in Nance County which falls within the regulatory territory of the Lower Loup Natural Resource District (LLNRD) of central [...]

17 Sep, 2019

Refresher on Nebraska Ag Liens Part 5: The Fuel Lien

Sean Minahan2019-09-17T16:16:50-05:00September 17th, 2019|Midwest Agricultural Law|

A lien for the supplier of petroleum products used for crop production. As a teenager did anybody else sneak gas from the farm barrel to fuel a Friday or Saturday night out? Anybody? No? Yeah, me neither. In Nebraska, that fuel may have a lien against it if the supplier filed a financing statement within 6 months of furnishing the fuel or lubricants. The financing statement must contain the [...]

25 Jun, 2019

Nebraska Tax Sale Law and Recent Revisions: The Effect of Wisner v. Vandelay

Sean Minahan2019-06-26T12:34:49-05:00June 25th, 2019|Farm Management, Midwest Agricultural Law, Tax|

A surprising Nebraska Supreme Court opinion has spurred legislative changes to Nebraska's tax sale laws. Partner Katie French has summarized Nebraska's tax certificate law, the shocking case of Wisner v. Vandelay, and the legislature's necessary but little-too-late response. TAX CERTIFICATE LAW: In the case of delinquent real estate taxes, the county treasurer may sell real property for taxes. The treasurer provides the purchaser a tax certificate that represents a transfer [...]

7 Jun, 2019

Refresher On Nebraska Ag Lien Law Pt. 4: The Vet’s Lien

Sean Minahan2019-06-18T13:51:25-05:00June 7th, 2019|Lien Rights, Midwest Agricultural Law|

A lien for a licensed veterinarian against any livestock cared for or treated. It's hard to argue that anybody who routinely utilizes shoulder length latex gloves should not have priority to payment for their services. So indisputable is the vet's right to payment that the lien procedure is probably the most straightforward and simple ag lien to follow. A vet lien is created by filing a UCC financing statement within [...]

15 May, 2019

Refresher on Nebraska Ag Liens Pt. 3: Keeping The Thresher’s Lien Clear

Sean Minahan2019-05-29T10:59:12-05:00May 15th, 2019|Farm Management, Lien Rights, Midwest Agricultural Law|

- A lien for the owner or operator of any threshing machine or combine against the grain or seed harvested or processed. Neb. Rev. Stat. Sec. 52-501. A combine with a plugged feeder house is extremely frustrating and basically useless until the plug is removed. Similarly, liens that are plugged with filing or notice problems are frustrating and potentially unenforceable. Even a straightforward thresher's lien can contain [...]

8 Apr, 2019

REFRESHER ON NEBRASKA AG LIENS, PT 2: The Artisan Lien and possession as 9/10ths the law.

Sean Minahan2019-04-08T15:06:59-05:00April 8th, 2019|Farm Management, Lien Rights, Midwest Agricultural Law|

Good work. Now make sure to hold onto the tractor until you get paid - A lien for the person who makes, alters, repairs, or enhances the value of machinery, farm tools or implements, or shoes horses or mules. Why the lien is called an Artisan's Lien is beyond me. I don't remember anybody who would be covered by this lien calling themselves an artisan. Maybe I need [...]

20 Mar, 2019

REFRESHER ON NEBRASKA AGRICULTURAL LIENS PT. 1: Types of Security

Sean Minahan2019-03-25T14:11:23-05:00March 20th, 2019|Lien Rights, Midwest Agricultural Law|

Lately we have been fielding a lot of calls from farmers, ranchers and various other agribusiness to assist in collecting on unpaid debts. Our first question when taking that call is “when was the work performed or the materials supplied?” Our second question, “is there an ag lien on file yet?” It seems that everybody knows ag liens exist. It also seems that only the most sophisticated know exactly [...]

20 Aug, 2018

Evolving Ag Landscape: Legal Implications of Aging Farmland Owners

Sean Minahan2018-08-20T13:07:43-05:00August 20th, 2018|Farm Management, Midwest Agricultural Law, Succession and Estate Planning|

My father has recently taken to saying "75 is the new 65", which is his way of trying to convince my mother he can still do things he did when he was 65. My mother rolls her eyes, mutters "Yeah, sure" and proceeds to gather up a heating pad and the ibuprofen.When it comes to farmland owners across the Midwest, my father is not alone in this statement. The results [...]

13 Aug, 2018

Lightening the Load: New Legislation to Alleviate Regulatory Burdens on Livestock Transportation

Sean Minahan2018-08-13T16:21:34-05:00August 13th, 2018|Farm Management, Government Regulations, Midwest Agricultural Law|

The following article was authored by Jessica Weborg, Attorney, at Lamson, Dugan & Murray LLP. On May 23, 2018, the United States Senator from Nebraska, Ben Sasse introduced the “Transporting Livestock Across America Safely Act” (S.2938) (“the Act”) into the United States Senate. A copy of the bill can be viewed by [...]

21 Jun, 2018

Heirs or Errors to the Throne? The Importance of Thoughtful Business Entrance Planning

Sean Minahan2018-07-03T14:51:57-05:00June 21st, 2018|Construction Contractor Advisor, Midwest Agricultural Law, Uncategorized|

The following was authored by attorney, Shannon G. McCoy, Lamson, Dugan & Murray, LLP and written for submission in the National Land Improvement Contractors of America (LICA) newsletter. Succession planning frustration One Month before Your Planned Retirement, 2038: Owner: Alright Steve, Mike, and Kelsey, the day has finally come, it is time to sell my 100% ownership interest in Family Business, LLC, and each of you gets to purchase an [...]

7 Feb, 2018

Is Equal Always Fair? The Importance of Thoughtful Business Succession Planning

Sean Minahan2018-07-03T14:57:00-05:00February 7th, 2018|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Originally submitted by Dan Waters, Attorney & Sean Minahan, Attorneys Lamson, Dugan and Murray, LLP; Proud members of C2C in the LICA Contractor. The issues and discussions addressed in the following apply equally to family farm succession planning as they do for succession planning of family owned contracting companies. Christmas Dinner, 2042: Steve: Mike, pass the sweet potatoes. . . . Mike, I said pass the sweet potatoes! Mike: [...]

13 Nov, 2017

Turning Friends into Foes: Legal Fallout from Monsanto’s Dicamba

Sean Minahan2018-04-23T18:22:19-05:00November 13th, 2017|Biotechnology, Construction Contractor Advisor, Crop Damage Claims, Government Regulations, Midwest Agricultural Law|

Monsanto's dicamba has turned friendly neighbors into legal foes due to crops damaged by dicamba's inability to stay where it is supposed to be. With the soybean harvest basically complete, we are seeing more and more claims filed and litigation initiated. Farmers are calculating the effect that dicamba applied by a neighbor may have had on their fields. States like Arkansas, Minnesota, North and South Dakota, Tennessee and Indiana are [...]

20 Jun, 2017

Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.

Sean Minahan2019-03-12T09:20:02-05:00June 20th, 2017|Bond Claims, Breach of Contract, Construction Claims, Construction Contractor Advisor, Construction Law, Government Contracting, Lien Rights, Midwest Agricultural Law, Nebraska Construction, Payment Bond|

According to a quick Google search the term holding the bag" comes from the mid eighteenth century and means be left with the onus of what was originally another's responsibility. Nobody wants to be left holding the bag. But that is the situation our client (subcontractor) found themselves in when upon completion of a public project the general contractor went out of business before paying the remaining amount due and [...]

15 Sep, 2016

Not So Fast: RMA Continues to Scrutinize New Producer Crop Status

Sean Minahan2019-03-12T09:24:08-05:00September 15th, 2016|Construction Contractor Advisor, Crop Insurance, Farm Management, Government Regulations, Midwest Agricultural Law|

If you have received a Notice of Overpayment and Removal of New Producer Status from your crop insurance company, you are not alone. In 2012 the Risk Management Agency started auditing crop insurance applications wherein the insured had requested "New Producer" status. The effects of the audit have come to fruition in the last few years. The notices generally demand immediate payment of any indemnity paid pursuant to the benefits [...]

8 Aug, 2016

Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

Sean Minahan2019-03-12T09:27:20-05:00August 8th, 2016|Construction Activity, Construction Contractor Advisor, Construction Law, EPA, Midwest Agricultural Law|

Landowners and developers bogged in an EPA wetland determination were recently thrown a life line when the United States Supreme Court determined The Army Corps of Engineer's (Corps) "jurisdictional determinations" (JD) regarding wetland designations are reviewable by the court. United States Army Corps of Engineers v. Hawkes Co. Inc. Under the Clean Water Act (CWA) landowners and developers who do not have the proper permits can face severe criminal and [...]

2 Aug, 2016

Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

Sean Minahan2019-03-12T09:25:23-05:00August 2nd, 2016|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Water Law|

17 May, 2016

North Dakota Farmer’s 4 Year Sentence for Insurance Fraud Upheld

Sean Minahan2018-04-23T18:22:20-05:00May 17th, 2016|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

Such is the life of a farmer. Even in times of a good crop, the potential insurance claim may be more valuable than the crop itself. That may have been the case for Aaron Johnson of Norwood, North Dakota, who in 2014 received a 4 year sentence for receiving crop insurance payments on a potato crop he purposely damaged. According to court records, Johnson had his hired man spray [...]

23 Dec, 2015

Insuring Additional Acres? The Number of Acres Added May Affect Your Coverage

Sean Minahan2018-04-23T18:22:20-05:00December 23rd, 2015|Construction Contractor Advisor, Crop Insurance, Farm Management, Government Regulations, Midwest Agricultural Law|

Added Land: Insurance Options Ahead Farm land does not change hands very often but when it does the acquiring operator should keep in mind the rules which may affect the operator's crop insurance benefits covering the newly added land. Failing to understand and abide by the Risk Management Association's (RMA) rules can cost an operator the maximum guaranteed yields and dramatically reduce the indemnity available under the [...]

11 Dec, 2015

Foregoing Work Comp Coverage? Remember to Provide Notice.

Sean Minahan2018-04-23T18:22:20-05:00December 11th, 2015|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

Work Comp Claim Form Early in my career I had a Nebraska case come across my desk which involved a farm hand falling and striking his head while working on a farm truck. The farmer had not obtained a workers' compensation policy to cover such accidents because most farms and ranches are not required to provide workers' compensation in Nebraska. Unfortunately, the farmer had failed to have [...]

13 Nov, 2015

Crop Insurance Claim Denied? Steps to Take Before Weathering the Arbitration Storm

Sean Minahan2018-04-23T18:22:20-05:00November 13th, 2015|Construction Contractor Advisor, Crop Damage Claims, Crop Insurance, Farm Management, Government Regulations, Midwest Agricultural Law|

Every year, certain portions of the Midwest get pounded by bad weather causing bad yields or outright crop loss. This year, several states encountered above average rainfall preventing several million acres from being planted. At one point this summer, Missouri alone had approximately 4 million acres of un-planted corn and soybean acres. During times of devastating weather, many producers rely on their crop insurance policies to mitigate crop [...]

22 Oct, 2015

Apply for Your Commercial Drone Use Exemption Now

Sean Minahan2018-04-23T18:22:20-05:00October 22nd, 2015|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

As previously explained the Federal Aviation Administration (FAA) is working on a rule to allow commercial use of unmanned aircraft (i.e. drones) without going through the same rules for manned aircraft. However, until the rule is finalized farmers and ranchers can apply for an exemption under Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). The exemption process is not necessarily easy. However, the FAA website provides [...]

13 Oct, 2015

The 6th Circuit Puts the Brakes on EPA Enforcing New Definition of Waters of the US

Sean Minahan2018-04-23T18:22:20-05:00October 13th, 2015|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Water Law|

The Environmental Protection Agency (EPA) was set to begin enforcing the new definition of Waters of the United States (WOTUS) on August 28, 2015. However, several states filed suits in various jurisdictions alleging the EPA lacked the authority to expand its jurisdiction pursuant to the new definition. Now the United States Court of Appeals for the 6th Circuit has put the brakes on the EPA's plan to enforce WOTUS [...]

30 Jul, 2015

Crop Insurance Deadline: Missouri AG Tries to Buy Time for Flooded Farmers

Sean Minahan2018-04-23T18:22:20-05:00July 30th, 2015|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

Too wet to plant Earlier this month, Chuck Koster, Attorney General for Missouri, filed a lawsuit against Tom Vilsack, U.S. Secretary of Agriculture to extend the deadline for filing planted acreage reports. The USDA requires most farmers in Missouri to report their planted acres by July 15 in order to secure coverage under the farmers' crop insurance policies. The USDA allows farmers a 5 day grace period [...]

17 Jul, 2015

Syngenta Lawsuit Update: Fed. Ct. Sends Cases Back to State Court

Sean Minahan2018-04-23T18:22:20-05:00July 17th, 2015|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

Syngenta cases u-turned back to state court On May 5th, 2015, United States District Judge, John Lungstrum sent two lawsuits against Syngenta back to the state courts in which they were originally filed. The decision appears to be a major strategic victory for plaintiffs looking to keep their claims in state court and a potential blueprint for others who may want to file a claim in state court. [...]

9 Jul, 2015

Actively Engaged In Farming: The New Definition

Sean Minahan2018-04-23T18:22:20-05:00July 9th, 2015|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

As farm operations continue to grow and become more complex, multiple owners or members of a farming entity may consider themselves "farm managers" even though they never set a foot in the field. Characterizing oneself as a "farm manager" may entitle the individual to benefits under certain government programs. However, to obtain benefits from such programs an individual has to be considered actively engaged in farming, which means [...]

25 Jun, 2015

Getting Permission: FAA Proposes New Regulations to Legalize Drone Scouting

Sean Minahan2018-04-23T18:22:20-05:00June 25th, 2015|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

When deciding whether to let your spouse know you are going out for a beer with friends rather than straight home for dinner, you may have heard the phrase "it is better to ask for forgiveness than it is for permission." If you haven't heard that phrase, then I guess we do not have the same type of friends. Recently, I have noted the truism is being entertained by those [...]

24 Mar, 2015

Des Moines Divides the House: Files suit against rural drainage districts

Sean Minahan2018-04-23T18:22:20-05:00March 24th, 2015|Construction Contractor Advisor, Midwest Agricultural Law|

As previously reported in A House Divided, Des Moines claims its water supply has been polluted by excessive nitrogen from farm runoff drained through the rural tiling systems. Des Moines' threat to sue neighboring rural drainage districts for failing to prevent the pollution of Des Moines water supply is no longer idle. On March 16, 2015 Des Moines filed suit against the board of supervisors of Sac County, Calhoun County [...]

6 Mar, 2015

A House Divided: Urban Iowa Threatening to Sue Rural Iowa for Farm Runoff

Sean Minahan2018-04-23T18:22:20-05:00March 6th, 2015|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law, Water Law|

Dividing the House "A house divided against itself cannot stand." Abraham Lincoln quoted this indisputable truth in reference to the issue of slavery. Although unlikely to lead to civil war, the debate between urban water use and rural land use is an ever increasing concern. The issue has come to head in Iowa and may be fought in court. The city of Des Moines plans to file [...]

12 Next