Ninth Circuit Upholds a Portion of an Ag Gag Law

 

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Image by Jess Johnson.  Image of cow looking at the camera.  Image via flickr.com

 

The article is not a substitute for legal advice.

In 2014, Idaho’s legislature approved the Interference with Agricultural Production law. This law was recently upheld in part and found unconstitutional in part by the Ninth Circuit Court of Appeals. The decision reverses part of a federal district court opinion finding the entire law unconstitutional (Animal Legal Defense Fund v. Wasden). Former Extension legal specialist in AREC, Ashley Ellixson, wrote an overview of the district court’s opinion that you can read here. Continue reading

Presenting at American Farm Bureau Federation’s Annual Convention

 

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Tiffany Dowell Lashmet and Paul Goeringer at the AFBF Convention Trade Show.  Image by Tiffany Lashmet.

 

Earlier this month, I got the opportunity to present with my friend Tiffany Lashmet (@TiffDowell) at the American Farm Bureau’s 99th Annual Convention at the Gaylord Opryland Resort in Nashville.  We covered an agricultural law overview for 2017 and what to be watching for in 2018.  As you can see from the one picture I remembered to take during the event, the event was well attended and the audience asking great questions.  After the jump, you will find the audio of the presentation provided by American Farm Bureau. Continue reading

Developing a Contact for Your Custom Service Operation

 

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Hay bales in field.  Image is by Jeanne via Flickr.

 

I recently I contributed an article to Progressive Forage magazine for the January 2018 edition.  The article focuses on developing a contract to ensure you get paid for services in the coming season.  This is an important issue that producers and custom operators should consider before the new season is upon us. The article highlights what is required in the majority of states to be a valid contract.

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2017 in Review: Legal Developments In Agriculture

 

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Image in photo from powerpoint slide developed by FPPT.com

 

With 2017 coming to an end, I want to take a minute to look back at many of the top legal developments impacting Maryland agriculture in the year. Many of these legal developments may seem like repeats from my 2016 update, click here to see. With those repeated issues, we in many cases have seen resolutions in a few, and with others, we will probably continue to see litigation further develop with a few issues in 2018. Moving into 2018, we will probably see new issues develop as we look at a new Farm Bill debate and cycle potentially starting.  You can listen to Tiffany Lashmet and I discuss many of these top legal developments on our joint podcast episode, click here. Continue reading

Father’s Estate Plan Leaves Many Unanswered Questions Relating to Gifts to On-Farm Heir

 

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Image by Claire via flickr.com

 

This post is not legal advice.

Many of you have farm succession plans or estate plans that may handle issues related to on-farm heirs and off-farm heirs.  But have you communicated decisions in these plans to both sets of heirs?  An interesting case out of North Dakota, In re Estate of Feldmann, addresses that issue.  In this case, the Supreme Court of North Dakota agreed that testimony showed the father had gifted all the farm equipment to the on-farm heir and was not apart of the off-farm heir’s share of the estate.  The on-farm heir was also entitled to the wheat crop growing on the inherited farmland.  The off-farm heirs were only entitled to proceeds from the wheat crop harvested at the time of the dad’s death.  Families should discuss these issues to make sure that everyone is on the same page, so heirs understand how the property will be treated at death (or when it is gifted to another heir) to reduce tensions. Continue reading