Elevator Insolvencies and Bankruptcy Proceedings

I recently received a call from a farmer regarding a grain elevator insolvency, and thought this would be a good time to review some of the laws related to elevator insolvencies.  As Mikkel Pates pointed out in March, in the past few years we have seen several significant elevator insolvencies. Generally, grain buyers and public … Read More

Uncommon Prosperity

  Dr. Michael Duffy began a presentation at the American Agricultural Law Association annual conference with a quote from Neil Harl, who said, “farmers are the world’s best economic citizens; in the face of higher commodity prices, they increase production every time and drive down prices which destroys their own prosperity.”  This quote may not … Read More

Would Your Drain and Diversion Practices Hold Water?

The longstanding general principle with regard to drainage of surface waters is that neither the owner of the upper land nor the owner of the lower land may interfere with the natural drainage to the detriment of the other.  This means, for example, that neither you nor your neighbor can divert the stream that floods … Read More

The Land of 10,000 Potholes

It’s not often that you hear North Dakota farmers complain about getting a little rain, but this year there is nothing little about the moisture in North Dakota’s fields.  Along with this rain that just won’t quit, farmers are seeing a lot of new standing water on their fields.  What may come as a surprise … Read More

Fighting the Man: The Processes for Challenging Government Agency Determinations

Farm Service Agency (FSA), Natural Resources Conservation Service (NRCS), and Risk Management Agency (RMA) are all federal government agencies with which farmers and ranchers are very familiar.  My guess is that many of you have received, or will receive, letters from some of these agencies that you disagree with.  For example, a letter telling you … Read More