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 [...]

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 [...]

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 [...]

- 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 [...]

- 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 [...]

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, [...]

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 [...]

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 [...]

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 [...]