Midwest Agricultural Law
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 [...]
Iowa Supreme Court Values Closely Held Farm Corps
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 [...]
Murphy’s Law: 5 Reasons to Insist on Written Custom Farming Contract
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, [...]
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