Recent Blog Postings

With a new federal administration and much speculation about tax law changes, attorneys can expect their farm clients to ask many questions about how Biden’s proposed tax plan will impact them. Christine Rasmussen examines some of the various tax proposals under the Biden administration.

Terminating an agreement to lease agricultural land can be a complicated process. Jason Brasch explains how to avoid unnecessary frustration and expenses when selling real property subject to an agricultural tenancy.

Farmers are suffering from mental health issues that are compounded by the effects of COVID-19 on their product markets. Eliza Reyes talks about programs designed to help Wisconsin farmers, and how lawyers can help as well.

Sharing public roads with Wisconsin farmers legally operating Implements of Husbandry (IOH) is especially important now, during harvest season. Matthew Beier answers the question: May a farmer drive that thing on the road?

Even before the coronavirus struck, farming has been changing. David Krekeler discusses the changes, over the past century, that have altered the family farm in Wisconsin – and gives an overview of Chapter 12 farm bankruptcies.

The Wisconsin Supreme Court in recent business-dispute decisions has indicated that judges have the ability to be more demanding of claimant’s counsel when considering motions to dismiss for a failure to state a claim. Alexander (Sandie) Pendleton comments on these developments, and the related developments as to the incorporation-by-reference doctrine, and the economic loss doctrine.

With the rise in residential and commercial development in rural areas, rural property owners may face an unplanned expense – building or repairing a fence. Jason Brasch explains what to know about Wisconsin’s fence laws.

After being prohibited for decades, hemp plants can now be grown by Wisconsin farmers. Colleen Martine discusses the plant and its regulatory history, and offers advice for attorneys with clients who grow hemp.

In this COVID-19, social-distancing world, judges are more than ever before holding criminal court via video. Michael Yang discusses what to consider when your client is scheduled for a video hearing.

A recent U.S. District Court decision addresses time limits and other issues on harvester’s liens under Wis. Stat. section 779.50. J. David Krekeler discusses the case and the decision, and what it may mean for Wisconsin custom harvesters.

Wisconsin’s Right-to-Farm law is back in the spotlight with the first proposed changes since the 1990s. Cathleen Dettmann discusses the history of the law and the status of the proposed changes.

At this time of year, ag attorneys should facilitate year-end business valuation discussions with their farm clients. Christine Rasmussen discusses the importance of setting entity values in the farm context.

As farmers grapple with international competition, natural disasters, trade wars, and other challenges, they need legal guidance to successfully navigate the many changes to immigration laws and policies that affect them and their workers. Matthew Beier discusses the intersection of farm labor and immigration policies, and the rise in need for legal assistance for immigrants. “If farmers are no longer able to find enough workers, agricultural output could decrease by up to $60 billion,” he writes.

Farmers understand long-term investment in community, and in choosing a lawyer they can trust, they may evaluate how invested a lawyer is in their community. Kate Knowlton offers tips to strengthen long-term relationships in a local rural community and tobuild mutually beneficial and lasting partnerships with family farmers. “By understanding and participating in the local community, lawyers can establish confidence in farmers to seek legal advice,” she writes.

Recently signed into law, the Family Farmer Relief Act more than doubles the debt limit for family farmers seeking Chapter 12 bankruptcy relief. J. David Krekeler discusses the impact the Act may have, and why action is needed to assist family farmers.

A recent Wisconsin Farm Bureau Survey reports farmers are now receiving less than 15% of the money consumers spend on groceries. Nancy L. Trueblood talks about the survey and its impact, and urges attorneys to be aware of the perennial – and season-specific – issues faced by their clients who are Wisconsin farmers.

Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.

Spring is planting time in Wisconsin, but not all farmers have enough operating capital to cover planting costs. J. David Krekeler discusses the financing options for spring planting.

Getting paid on time can make the difference between success and financial difficulty for agricultural custom operators who deal with large accounts. J. David Krekeler talks about helping custom operator clients to stay on top of collecting their accounts receivable.

Get to know your malpractice carrier’s claims attorney, suggests Matthew Beier. In addition to expanding your network, a good relationship with your claims attorney can help you avoid common legal malpractice pitfalls, and improve the chances of successful claim prevention and resolution.

Amid parties and presents, how is our profession faring at the end of this year? Kate Knowlton takes a Dickensian visit upon some 2018 cases that remind lawyers their work is vital to the justice system, culture, and society. “These ghosts of our legal past and present point to a less frightening future,” she writes.

There was an increase in farm bankruptcies in 2017 and 2018 in Wisconsin, making them among the most in the nation. David Krekeler discusses the implications of the trend and its impact on family farms.

Wisconsin’s Department of Agriculture, Trade, and Consumer Protection is wrapping up the first year of its pilot research program into hemp cultivation and hemp product manufacturing. Cathleen Dettman discusses the program, and suggests that interested Wisconsin farmers should beware of the program’s many rules and limitations.

There are many positive commonalities among lawyers in a solo practice, whether they are in a rural or urban setting. Christopher Shattuck discusses a few resources to help you boost your practice no matter your location.

Lawyers who represent farmers or farm lenders are often surprised to learn of the unique liens that can arise by operation of law and without Uniform Commercial Code requirements. Troy Schneider describes three of these liens and their legal requirements.

Modern farms often consist of many interrelated owners and entities. Bridget Finke discusses the importance of considering the entire farm operation when assisting on a specific project.

Solving the financial problems of a family farm requires all the skills possessed by good insolvency lawyers as well as an understanding of agricultural business and production, says J. David Krekeler. Helping a family farm business requires knowledge of the various factors and challenges unique to a family farm.

Family farm planning often involves more than just financial and tax matters. Often, an understanding of the delicate nature of human relationships is just as or even more important than the “numbers.” Troy Schneider examines the quality of humility in family farm planning.

A recent change in tax law may help more farmers survive tough financial times, although issues still remain. David Krekeler discusses the Additional Supplemental Appropriations for Disaster Relief Requirements Act 2017, and what it means for farmers facing bankruptcy.

Farms, more than ever, have greater amounts of cattle, machinery, equipment, facilities, and land at inflated values; and greater existing debt and greater gross income, but smaller profit margins. As such, a family farm divorce can be devastating to the farm family and its continued viability. Troy Schneider provides strategies to take when drafting marital property agreements that include a plan for farm succession.

The Wisconsin legislature recently revised its definition of implements of husbandry, to meet changes in agricultural equipment sizes, types, and scales of operation. Roberta Heckes outlines these changes, which involve new weight, height, and length restrictions, as well as lighting and marking requirements.

Decisions are complicated when succession planning includes a family business - such as the family farm. Bridget Finke discusses how dividing the decisions between a disaster plan and the succession plan can help simplify the farm transition process.

Generational, technological, and policy changes ahead for agriculture in the U.S. mean attorneys serving rural clients are in a unique position to affect the future of rural America and agriculture worldwide. Nancy Trueblood talks about why the future is bright for lawyers in agriculture law

Attorneys who represent rural landowners should be prepared to advise their clients on tax credits available via the farmland preservation law, especially for clients who are retired farmers renting their land for farming. Troy Schnieder talks about the law and what is required to claim tax credit.

The Solo/Small Firm & General Practice Section announces a new blog for attorneys who practice in rural areas and in the area of agricultural law.