A farm divorce in Illinois can be complex and it is best to consult an experienced farm divorce lawyer who has expertise in handling farm divorces. A farm divorce can involve navigating through a lot of factors such as farm equipment, land, valuation of options as well as any other assets related to the farm business. How is Farm Property …
I am very proud to have presented to the American Center Moscow about my path as an entrepreneur. You can learn more about my life story and road from a farm girl to farm lawyer here. There were some questions at the end of the presentation that I answered including my Top 5 Tips for Success. I also posted my …
Equitable distribution (“ED”) is the allocation of the marital estate in a divorce. Importantly, not all states are equitable distribution states; instead, states like Texas and California are community property states. The majority of states are equitable distribution states, but it is important to confirm this with a licensed attorney in the applicable jurisdiction. In way of background, property in …
[slideshare id=86116441&doc=farmlaborlaws-whatyouneedtoknow-180113203306] I gave this presentation last week at the Illinois Specialty Crops, Agri-Tourism and Organic Conference in Springfield, Illinois. It gives an overview of labor and employment law issues that affect farms and small to mid-sized agribusinesses. It discuss employee vs. independent contractor classifications, unpaid labor, hiring practices, minimum wage and overtime, child labor, Family Medical Leave Act, employment …
For farmers purchasing land is not always an option or the best option for their purpose. In those cases, leasing land may be a better option. For leasing land, there are multiple options: 1. Cash-Rent Leases: A cash rent lease is where the tenant usually pays a fixed dollar amount in rent and it may be modified based on crop …
Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the …
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. Landlords who want to retain title to the products of the land against the tenant’s other creditors must explicitly include a provision to that effect in the lease. Both the landlord and tenant should memorialize their …
The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
This is Part 5 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 5: Pay Fees There is no initial fee to file a FOIA request; however, federal agencies are allowed to request “reasonable standard charges for document search, duplication, …
This is Part 4 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 4: Wait for Government Response Federal governmental agencies are required to respond to FOIA requests within twenty business days, excluding weekends and holidays, beginning from receipt of …
You may find a time when you want to see the documents available to the public about yourself or your food or agriculture operation. There are two main federal statutes that guide the process of obtaining information from the federal government: (i) Freedom of Information Act (“FOIA”) and (ii) Privacy Act (“PA”). In New York, requests can be made to …