Category: Administrative Law

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

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

Financial Eligibility Requirements and Attorneys’ Fees Awards

  Most farmers have probably received federal farm program payments, and possibly, program payment denials over the years.  I wrote a different blog post titled “Fighting the Man” in which I outlined the process for challenging such denials through the USDA’s National Appeals Division, and eventually up to the federal district courts.  This process applies … Read More

Regulators consider first major pipeline since DAPL

Attorney Derrick Braaten quoted in story about new pipeline: Bismarck attorney Derrick Braaten, who represents about a handful of landowners along the proposed route, also petitioned to intervene in the case. The landowners want to make sure their interests are protected as they negotiate easements, with a focus on proper land reclamation, Braaten said. Regulators … Read More