Blog
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
Herd Laws and the Open Range Doctrine: Livestock Owner Liability
In the days of the Wild West, disputes over trespassing livestock were likely resolved more often by a neighborly agreement, or perhaps by finding out who was the quicker draw. Since that time, a substantial body of law has developed regarding the liability of livestock owners when their cattle or other livestock cause damage to … Read More
Landowner Rights Related to Accessing Offsite Spacing Units
This post outlines the rights of a landowner in a situation where an oil company is drilling a well, and the well pad is outside of the spacing unit, or the pool of oil into which they are drilling. It is a complex issue to cover in this column, but I believe it is extremely … 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
Our Land Is Not For Sale
I am usually careful to avoid sharing confidential information about my clients and cases, but this column will be an exception. I just finished a two-day trial in Williston, and with my client’s permission and blessing, I’m going to tell everyone the story of Wayne Hauge. Wayne came to me over a year ago, and … Read More
What is pipeline fatigue?
There has been a lot of discussion in the past couple years about pipeline fatigue. I suggest to everyone, including the landowners in the oil patch, that there is no such thing as pipeline fatigue. But before you tell me I’m crazy, hear me out. Our firm filed a number of class actions a couple … 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, Part II
I advised in another post that if a farmer is unsure of whether standing water in a field is a “wetland”, then he or she should call NRCS and ask them to conduct a certified wetland designation. As one gentlemen pointed out (and with whom I agree), NRCS often errs on the side of caution … 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