Blog

The Accidental Partnership

A recent conversation on the listserv for the American Agricultural Law Association focused on what were called “accidental partnerships.”  Many people do not realize that a legal partnership can be formed merely by two peoples’ actions, even when they have a specific agreement between each other that they are not a partnership.  Because so many … Read More

Seed Labeling Laws and Warranties

Many states have passed laws requiring that agricultural seed, sold for planting purposes, be labeled in a particular way. The statutes generally list specific pieces of information that such labels must contain, although the details vary among the states. In North Dakota, the law can be found at N.D.C.C. §§ 4.1-53-12 and 13. According to … Read More

Farm Machinery Lemon Laws

Many states have passed specific laws for farmers who purchase machinery, and later find that the machinery does not conform to the express warranties offered by the manufacturer.  In North Dakota, the relevant chapter of the Century Code is titled “Farm Equipment Nonconformity Remedies,” and is found at N.D.C.C. ch. 51-26.  Other states in the … Read More

Crop Insurance Arbitration

In light of what appears to be an overwhelming number of crop insurance denials the past few years, I decided information about the arbitration process might be helpful.  Your crop insurance policy requires that any disputes about a denial be handled through mediation or arbitration.  In our experience, arbitration is the better route.  If your … Read More

Finding Middle Ground

Several years ago I spoke at the International Legislators Forum, which is an annual meeting of legislators from Manitoba, Minnesota, and North and South Dakota put on by the Consensus Council.  The forum “provides an opportunity for delegates to share information, understand problems, build relationships, and develop collaborative agreements on a wide variety of issues….” … Read More

Forward and Production Contracts:  Seller Beware

We’ve cautioned readers in the past to tread carefully when entering into grain purchase contracts because of the grain market’s entrance into the big business world.  We continue that theme this week by addressing a couple issues that farmers should be aware of with regard to forward and production contracts; the “Act of God” clause … Read More

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