Category: Agricultural Law
Northwest Landowners Association WINS Lawsuit against State of ND and Continental Resources, Inc. over Unconstitutional Taking of Private Property
Northwest Landowners Association (NWLA) filed a Complaint in state district court asking the court to declare Senate Bill 2344 an unconstitutional taking of private property. On January 21, 2021,the Northeast Judicial District Court issued its decision in favor of the Landowners, agreeing that it is an unconstitutional taking, and striking the law down in full. … Read More
Sarah Vogel: Legal giant killer in the 1980s farm crisis
Agweek’s Mikkel Pates wrote a story about Sarah Vogel, a founder of the predecessor firm to Braaten Law Firm. Sarah’s work during the farm crisis helped hundreds of thousands of farmers, and she was a beacon of hope for farmers who had nowhere to turn. See the full story here.
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
Communicating with your Attorney
Several years back, I was fortunate enough to have a farmer invite me out to his place to show me around a bit. His goal was to help me understand some of the very significant, everyday impacts oil and gas development can have on a farmer or rancher out in northwestern North Dakota. Although I … 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
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