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Articles by J. David Aiken
Questions to Ask When Developing Winter Cow Care Agreements
Winter cow care agreements involve a lot of trust by both parties. Photo credit Troy Walz Watch the Sept. 2, 2021 webinar, "Considerations When Developing Winter Cow Care Agreements," for a more in-depth look at creating good agreements for all parties.
Questions to ask when developing winter cow care agreements
Storm Uri in February 2021 at Cochran County Feedyard in Morton, TX. Photo by Texas Tech University foreign exchange student Shibo (Bruce)Wang. Given the current drought conditions in the western and north central U.S., there has been increased interest by cattle producers to send cattle to other locations, such as Nebraska, where winter feed resources such as corn residue may be available for grazing.
Hunting leases as an added enterprise
Photo/ USFWS Pacific Southwest Region Landowners seeking additional income options for their operation might consider leasing out their land for wildlife activities. The potential income can be considerable. Leases could be for hunting, fishing or birding. Written hunting leases are the key to how your enterprise will be run and how profitable it may be.
Hunting Leases as an Added Enterprise
A review of articles on hunting leases. Landowners seeking additional income options for their operation might consider leasing out their land for wildlife activities. The potential income can be considerable. Leases could be for hunting, fishing or birding. Written hunting leases are the key to how your enterprise will be ran and how profitable it may be.
How to terminating a verbal farmland lease
Some farm leases are not written but are verbal or "handshake" agreements. Because nothing is in writing, the parties may have different recollections of their agreement, making lease disputes more difficult to resolve. The most common legal issue associated with verbal farm leases is how a lease may legally be terminated. For both year-to-year leases and holdover leases, six months advance notice must be given to legally terminate the lease.
Nebraska: Who Has Hunting Rights for Leased Land?
A written cropland or pasture lease can specify who has hunting rights. If the written lease does not reserve hunting rights to the landlord directly or indirectly, the hunting rights would go to the tenant for the duration of the lease. This surprises most folks who wrongly believe that the landlord automatically retains many property rights that in fact go to the tenant during the period of the lease term (unless the lease specifies otherwise).
Nebraska farm credit mediation
J. David Aiken Nebraska Extension Water and Agricultural Law Specialist Your lender informs you that your unpaid operating loan will not be renewed. What are your options? Loan foreclosure? Bankruptcy? One important option in Nebraska is farm credit mediation. This is when you and your creditor (or creditors) sit down with a trained mediator who tries to facilitate a compromise among the parties that avoids loan foreclosure and bankruptcy. How does mediation work?
Nebraska: Farm Land Lease - Terminating a Verbal Agreement
Row crop land rowed up and ready for spring. Photo: ©Debra L Ferguson Some farm leases are not written, but are verbal or “handshake” agreements. Because nothing is in writing, the parties may have different recollections of their agreement, making lease disputes more difficult to resolve. The most common legal issue associated with verbal farm leases is how a lease may legally be terminated.
New laws allows lower taxes for flood-damaged property in Nebraska
J. David Aiken Nebraska Extension Water and Agricultural Law Specialist Much of eastern and central Nebraska suffered devastating flooding in March 2019. Much agricultural land, as well as agricultural, residential, industrial and commercial property has been damaged or destroyed. A 2019 bill just enacted — Legislative Bill 512 — allows property owners suffering significant flood damage to have the 2019 property taxes on flood-damaged property lowered.
Rebuilding Fences After Flood or Blizzard Damage
One of the greatest needs for ranchers after damage from flooding or a blizzard is the need to rebuild fences. This article will review Nebraska fence law, available assistance for replacing fences, and considerations as you assess the damage. Disaster Assistance Emergency Conservation Program (ECP) – ECP is administered by the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA).
Livestock Air Emission Requirements Delayed for Now | Drovers
Federal environmental laws require the reporting of emissions or releases of hazardous substances greater than the EPA-established minimum amounts. EPA has established a 2008 reporting exemption for livestock operations smaller than large CAFOs (concentrated animal feeding operations). Environmental groups challenged the EPA livestock exemption. On April 11, 2017, the DC federal court of appeals invalidated the livestock reporting exemption.
Livestock Air Emission Requirements Delayed for Now | Dairy Herd Management
Federal environmental laws require the reporting of emissions or releases of hazardous substances greater than the EPA-established minimum amounts. EPA has established a 2008 reporting exemption for livestock operations smaller than large CAFOs (concentrated animal feeding operations). Environmental groups challenged the EPA livestock exemption. On April 11, 2017, the DC federal court of appeals invalidated the livestock reporting exemption.
Nebraska: Property Owners Required to Keep Trees Out of Division Fences
Nebraska statutes require property owners to keep trees or bushes out of fences that divide their property from a neighbor’s. Nebraska revised statute section 34-103 states: “Every person . . . shall maintain his [fence] portion in good repair, including the necessary removal or trimming of trees and woody growth within or encroaching upon the fenceline to repair or avoid damage to, or dislocation of, the division fence.
"Swine Contracting Producer Protections" by J. David Aiken
Legislative Bill 176 would authorize custom feed-ing contracts between packers and Nebraska pork producers. Some producer protection provisions for these contracts are currently established under federal law and in several states but not yet in Ne-braska. This newsletter discusses some of these issues. Would LB176 authorize custom feeding con-tracts with packers? Yes, and these contracts are regulated federally and in several states to pro-tect producers.
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