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Farm bankruptcies are down. David Krekeler explores why that is and the differences between Chapter 12 and Subchapter V filings.

Wisconsin’s “right to farm” law does not bar a lawsuit over the alleged failure to repair an agricultural drainage tile system, the Wisconsin Court of Appeals has ruled.

Artificial intelligence may be very helpful in conducting legal research, but it is important that attorneys fully understand the impact and risks this new technology poses for the legal field, write Jennifer Schank and Emilie Dozer.

Common complaints from failed home improvement contractor projects include poor workmanship, warranty issues, and contractor theft. Kevin Trost discusses their legal remedies and offers tips on avoiding such issues.

Portability in estate and gift taxation allows surviving spouses to combine their own exemption with the unused exemption of their deceased spouse, potentially saving millions in estate taxes. Evan Lin discusses the benefits and drawbacks of electingportability – a complex process that is time-sensitive and requires careful consideration.

The new Corporate Transparency Act places new reporting requirements on many companies and their “beneficial owners” as of Jan. 1, 2024. While there are exceptions to its coverage, most small and midsized Wisconsin companies will have to comply, writes Alexander (Sandie) Pendleton.

While verbal agricultural leases are legal and common in Wisconsin, there are distinct advantage to written leases. Carrie Werle discusses both lease types and why agricultural landowners should use written leases for their tenants.

Over the last two years in Wisconsin, farmland values have been increased by roughly one-third – but it’s not all good news for Wisconsin farmers. J. David Krekeler talks about the good, the bad, and the ugly for farmers when their land values increase.

The new Wisconsin Uniform Limited Liability Company Law became effective Jan. 1, 2023. Bryan Tillman identifies three changes likely to have a significant impact on family farms organized as limited liability companies.

To address labor shortages, agricultural and dairy leaders are lobbying Congress for immigration reform. Heidi Rattner discusses proposed legislative reforms for immigrant laborers and the economic and human issues at stake.

The Perishable Agricultural Commodities Act prevents unfair and fraudulent conduct and can help your farm clients to be paid by wholesalers. David Krekeler discusses when claims under the Act involve a business entity that has filed bankruptcy.

Many water quality problems exist because a substance that was unknown or seemed harmless decades ago now is recognized as a pollutant. In the 21st century, state legislators and regulators and nongovernmental entities have devised ways to prevent or minimize pollution that previously was unfettered.

Summer is a time for enjoying Wisconsin’s lakes and rivers – but boating injuries and deaths lead to lawsuits, and lawsuits often lead to bankruptcy. David Krekeler discusses options for debtors involved in boating accident cases.

Separate laws on groundwater and surface water withdrawal and the lack of a fully integrated regulatory scheme for high-capacity wells have more often led to conflict and uncertainty than to clarity. Wisconsin's groundwater management regime is developing but still has gaps.

To effectively manage stormwater quantity and quality, we need to do so in the context of watersheds and hydrologic processes rather than as a series of discrete issues and programs.

Wisconsin has the third highest number of natural lakes of U.S. states but keeping these and other water resources clean and equitably available for all users is a challenge that increases by the day. This overview presents the basics of Wisconsin's water laws and the issues that are catalysts for disputes about water use, which we will explore in a series of articles in 2022.

Private landowners may be asked to allow the public to use their land for snowmobiling and other recreational activities. Lindsey Kohls provides an overview of the protections for and risks to private landowners who let others engage in recreational activities on their property.

The increasing numbers of pumpkin patches, corn mazes, hay rides, and petting zoos prove that agritourism and other farm operations are growing in popularity. Matthew Beier explores liability concerns and protections for Wisconsin farmers who invite the public onto their property.

Analysis shows that there are fewer Chapter 12 farm bankruptcies filed this year. But does that actually mean bankruptcies are down? David Krekeler discusses the issue – and the new form of Chapter 11 known as Sub V.

What does a good romantic comedy have in common with running a small business? Stephanie Melnick talks about the lessons learned in the movie "You’ve Got Mail."

Eighteen states and the District of Columbia have now legalized cannabis, and Gov. Evers has proposed that Wisconsin do likewise. Alexander (Sandie) Pendleton discusses the issue and its potential impact on rural communities in the state.

The Wisconsin Supreme Court (7-0) ruled that the circuit court did not err when it set an exercise price that was higher than an expert's appraised value.

The agricultural industry can expect big changes from the Biden Administration, says Christina Puhnaty. President Biden made direct promises to the agricultural industry to improve the lives of farmers and rural U.S. in general, and promised to partner with the agricultural industry to combat climate change.

With a new federal administration and much speculation about tax law changes, attorneys can expect their farm clients to ask many questions about how Biden’s proposed tax plan will impact them. Christine Rasmussen examines some of the various tax proposals under the Biden administration.

Terminating an agreement to lease agricultural land can be a complicated process. Jason Brasch explains how to avoid unnecessary frustration and expenses when selling real property subject to an agricultural tenancy.

Farmers are suffering from mental health issues that are compounded by the effects of COVID-19 on their product markets. Eliza Reyes talks about programs designed to help Wisconsin farmers, and how lawyers can help as well.

Sharing public roads with Wisconsin farmers legally operating Implements of Husbandry (IOH) is especially important now, during harvest season. Matthew Beier answers the question: May a farmer drive that thing on the road?

Even before the coronavirus struck, farming has been changing. David Krekeler discusses the changes, over the past century, that have altered the family farm in Wisconsin – and gives an overview of Chapter 12 farm bankruptcies.

With the rise in residential and commercial development in rural areas, rural property owners may face an unplanned expense – building or repairing a fence. Jason Brasch explains what to know about Wisconsin’s fence laws.

After being prohibited for decades, hemp plants can now be grown by Wisconsin farmers. Colleen Martine discusses the plant and its regulatory history, and offers advice for attorneys with clients who grow hemp.

A recent U.S. District Court decision addresses time limits and other issues on harvester’s liens under Wis. Stat. section 779.50. J. David Krekeler discusses the case and the decision, and what it may mean for Wisconsin custom harvesters.

Wisconsin’s Right-to-Farm law is back in the spotlight with the first proposed changes since the 1990s. Cathleen Dettmann discusses the history of the law and the status of the proposed changes.

At this time of year, ag attorneys should facilitate year-end business valuation discussions with their farm clients. Christine Rasmussen discusses the importance of setting entity values in the farm context.

As farmers grapple with international competition, natural disasters, trade wars, and other challenges, they need legal guidance to successfully navigate the many changes to immigration laws and policies that affect them and their workers. Matthew Beier discusses the intersection of farm labor and immigration policies, and the rise in need for legal assistance for immigrants. “If farmers are no longer able to find enough workers, agricultural output could decrease by up to $60 billion,” he writes.

Farmers understand long-term investment in community, and in choosing a lawyer they can trust, they may evaluate how invested a lawyer is in their community. Kate Knowlton offers tips to strengthen long-term relationships in a local rural community and tobuild mutually beneficial and lasting partnerships with family farmers. “By understanding and participating in the local community, lawyers can establish confidence in farmers to seek legal advice,” she writes.

Recently signed into law, the Family Farmer Relief Act more than doubles the debt limit for family farmers seeking Chapter 12 bankruptcy relief. J. David Krekeler discusses the impact the Act may have, and why action is needed to assist family farmers.

A recent Wisconsin Farm Bureau Survey reports farmers are now receiving less than 15% of the money consumers spend on groceries. Nancy L. Trueblood talks about the survey and its impact, and urges attorneys to be aware of the perennial – and season-specific – issues faced by their clients who are Wisconsin farmers.

The 2018 Farm Bill's reforms, technology investments, and rural-to-urban diversification provisions will stir up new business for strapped farmers and emerging entrepreneurs. The bill also presents opportunity for Wisconsin lawyers who represent such clients.

Changes to state and federal law means hemp is now a legal agricultural crop instead of an illegal controlled substance. Collin Schaeffer highlights several issues lawyers will be called to figure out in this new legal landscape.

Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.

Spring is planting time in Wisconsin, but not all farmers have enough operating capital to cover planting costs. J. David Krekeler discusses the financing options for spring planting.

Two recent developments in water quality trading at the federal and state level may change how trading occurs in Wisconsin. Vanessa Wishart discusses the developments and what they may mean for Wisconsin.

Purchasers of property adjacent to large-scale agricultural operations often find themselves in conflict with their neighbors. Under Wisconsin law, the property owner’s recourse for perceived nuisances is extremely limited, says Steve Frassetto, who discusses the livestock facility siting law and its impact on local governments and property owners.

Getting paid on time can make the difference between success and financial difficulty for agricultural custom operators who deal with large accounts. J. David Krekeler talks about helping custom operator clients to stay on top of collecting their accounts receivable.

There was an increase in farm bankruptcies in 2017 and 2018 in Wisconsin, making them among the most in the nation. David Krekeler discusses the implications of the trend and its impact on family farms.

Wisconsin is among a minority of states with almost no tolerance for marijuana-based products of any kind, whether for medical purposes or for recreational uses, says Nick Fairweather of Hawks Quindel S.C., Madison.

Wisconsin’s Department of Agriculture, Trade, and Consumer Protection is wrapping up the first year of its pilot research program into hemp cultivation and hemp product manufacturing. Cathleen Dettman discusses the program, and suggests that interested Wisconsin farmers should beware of the program’s many rules and limitations.

Ozone pollution is a public health hazard and a complex problem for the states, power plants, and industrial facilities that are responsible for reducing ground-level ozone. Maggie Brown and Sarah Geers discuss what the 2015 ozone air quality standard means for Wisconsin

The Wisconsin Supreme Court has ruled in favor of a dairy farm seeking to run a large-scale operation within the Town of Saratoga based on a building permit application the farm filed before the town rezoned the area to prohibit agricultural uses.

Modern farms often consist of many interrelated owners and entities. Bridget Finke discusses the importance of considering the entire farm operation when assisting on a specific project.

Solving the financial problems of a family farm requires all the skills possessed by good insolvency lawyers as well as an understanding of agricultural business and production, says J. David Krekeler. Helping a family farm business requires knowledge of the various factors and challenges unique to a family farm.

State law requires towns to impose liens on landowners who fail to pitch in for the costs of maintaining or repairing shared partition fences that divide agricultural land. Recently, a state appeals court ruled that the fencing law applies to cities, too.

Effective estate planning for many rural Wisconsin residents is a matter not only of the typical goal of treating all heirs fairly but also the goal of ensuring that the family’s assets can continue for agricultural purposes by future generations within the family. The author lays out the types of farm-specific information a lawyer should gather from the client and offers a farm-client case study.

For players in the ever-expanding food and beverage market, health-related labels, the rise of craft breweries, and new food-safety laws require the assistance of savvy counsel. This article looks at food and beverage laws, giving a glimpse into the challenges and opportunities that face this dynamic industry.

Natalie Betz helps lawyers understand the basic science behind modern biotechnology to better serve their biotechnology clients.

Wisconsin’s bioscience industry is booming, creating opportunity, not just for the scientists that conduct bench research, but for lawyers, too. Read how lawyers serving the biotech arena are making an impact, what they’re doing, and how they got to where they are. There are many entry points to the field, and you don’t have to be a scientist to participate.

America’s Dairyland also prizes its lakes and rivers. But as high-capacity wells proliferate in Wisconsin, agriculture and other groundwater users are posing risks to the amount and health of the water, bringing to the legal forefront disagreements about access to the waters that lie beneath.

The Wisconsin Supreme Court recently accepted review of two cases to determine whether manure and septage used as farm fertilizers are “pollutants” for insurance purposes.

Dairy farmers who used manure to fertilize their fields are covered by insurance for any liability in the pollution of neighboring aquifers and water wells, a state appeals court has ruled, reversing a circuit court ruling against the farmers.

2009 Wisconsin Act 90 bolsters Wisconsin's animal abuse and neglect laws by requiring dog breeders, animal shelters, rescues, and others involved in the care and custody of animals to obtain a license and meet state guidelines on animal treatment.

Sept. 9, 2011 – The Wisconsin Supreme Court recently heard oral argument on whether state law preempts local zoning authority to regulate new and expanded livestock operations.

April 1, 2011 – Landowners who withdraw land from the managed forest land (MFL) program must pay a withdrawal tax that goes to the municipality in which the land is located. Recently, a state appeals court decided what happens when MFL program land changes hands.

March 23, 2011 – A town board's decision to deny a resident's request to build a driveway was reasonable under a municipal ordinance that protects against non-farming development, the Wisconsin Supreme Court recently held.

Adverse-possession disputes are emotionally charged matters that are pervasive in Wisconsin. Recent cases heard by the Wisconsin Court of Appeals highlight some of the many complications of adverse possession and provide insight into how to prove and defend adverse-possession claims and how to avoid a dispute in the first place.

The Working Lands Initiative is a cooperative state and local government and private effort to save farmland, protect the environment, and minimize land-use conflicts. A new law provides enhanced tax credits for farmers whose land is protected for agricultural use and who adopt sound environmental practices. The law provides new opportunities for public-private partnerships, and encourages a renewed community focus on farmland preservation and land-use planning.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

Beginning Jan. 20, all non-immigrant visa applicants with an appointment at the United States Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form available at https://ceac.state.gov/genniv, according to the consulate.

Wisconsin's livestock facility siting rule provides consistency across the state for farmers seeking permits to site new or expanding livestock operations. Still, lawyers should continue to closely review locally implemented permitting programs for consistency with the new rule.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

On April 5, 2006, Circuit Court Judge John Anderson (Bayfield County) decided a case brought by the State of Wisconsin and twelve private landowners against William Zawistowski, claiming that his Sawyer County cranberry marshes were causing a nuisance by discharging phosphorus into nearby Musky Bay. After a two week trial, the Judge found that there was no nuisance, and ruled for Mr. Zawistowski.

New Green Tier legislation promotes and rewards environmental performance while providing regulatory flexibility on everything from land development to manufacturing. Help your business, industry, or municipal clients determine if participating in this voluntary program is right for them.

Operators of animal feeding operations have a big decision to make in the spring of 2005 - whether to sign a Consent Agreement with EPA to resolve their potential liability stemming from air emissions emitted by their operation.

Attorney General Peg Lautenschlager sued a cranberry grower, Bill Zawistowski, who operates his cranberry marshes legally and according to accepted growing practices. Nonetheless, Lautenschlager claims that his cranberry operation is creating a "public nuisance" and is seeking an order that would effectively put him out of business.

Qualified farmers may participate in the EPA's new two-year study of air pollutant emissions from certain types of farms. The study results will lead to the development of standards for measuring and regulating emissions from live-stock operations. Help your farming clients decide whether they should participate, but do it soon - study enrollment ends July 1, 2005.

Nuisance law, personal property rights, and agricultural expansions remain unreconciled under Wisconsin's Right to Farm Law. Whatever the outcome of litigation under this law or the constitutional viability of the statute itself, the law is likely to see judicial interpretation - and soon.

Recently passed legislation is offered in response to member requests for more, although highly abbreviated, information on new Wisconsin laws.

Recently passed legislation is offered in response to member requests for more, although highly abbreviated, information on new Wisconsin laws.