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Home » Topics » Business Management » Legal Issues

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Estate planning ‘hurdles’ with business entities and trusts

A few common tools for both business planning and estate planning are business entities and trusts. You have likely heard that both can be useful tools in planning your estate, but there are several considerations that can cause significant challenges to your estate-planning goals if they are not addressed.
March 12, 2025
Garrett Couts

We could extensively discuss the misuse of the phrase “estate planning” to describe what should be called “transition planning” for ag operations. Instead, I’ll simply summarize by saying an estate plan is more than just a last will and testament, and should plan for the remainder of your life as well as your intentions after your death.




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When the gavel falls: Ensuring your next production sale increases your assets, not your liability

What are the legal considerations you need to think about before your next production sale?
February 6, 2025
Garrett Reed

Springtime brings greener pastures, warmer weather and, for many seedstock producers, annual spring production sales. Production sales are the culmination of months and years of breeding, calving, growing and fitting in one or two sales per year.


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Grazing leases, fencelines and handshakes

Handshake deals are great. They are even better when backed up with a written agreement.
January 7, 2025
Jordan S. Hayes

What do these three things have in common? Most farmers and ranchers would tell you that they miss the “good old days.” You know, the days when a man’s word was much more trustworthy than any piece of paper.


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Not your grandfather’s fence: Legal considerations of the new frontier of virtual fencing

Virtual fencing can reduce labor costs and maintenance associated with conventional fences and can also allow for set grazing patterns that can improve land management practices and pasture health. As a new and developing technology here in the U.S., the legal landscape related to virtual fencing is truly a new frontier and will need to evolve in the coming years as it is implemented.
December 11, 2024
Kyle K. Weldon

Virtual fencing implements GPS tracking and collar-based deterrents to allow ranchers to manage cattle without the need for physical fencing.


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Agrivoltaics as a means of preserving agricultural land

Agrivoltaics means the “colocation” of solar energy installations and agricultural production. Agrivoltaics have the potential to ease land-use conflicts between agriculture and energy generation. Both landowners and energy developers can benefit.
October 11, 2024
Hannes D. Zetzsche

Agricultural land provides food, feed, fiber and fuel. At the same time, much of that land could also support clean electricity by housing utility-scale wind and solar energy installations. This can create conflict between competing land uses.


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Moving into the future: A different outlook on a successful succession plan for farm and ranch operations

Food security is a growing concern in the U.S. and across the globe. The heart of this lies with our farmers and ranchers, their lands and operations, and the products they produce to feed the world.
September 17, 2024
Audra Rod Smith

Succession planning is being addressed across the nation to help farmers and ranchers plan to pass down an operation to the next generation.



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Surface protection in natural resource leases

The ownership of the surface estate and the ownership of the mineral estate can be severed. As natural resource production ramps up across the nation, more and more cattle producers are feeling the impact. Learn how to protect your rights.
July 30, 2024
Jordan S. Hayes

If you own or lease any amount of rural land for livestock or crop production, then you have likely encountered obstacles arising from the division of the surface and mineral estates and the impact that can have on your use of the land.


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Tips and tricks when interacting with state agencies

A farmer or rancher can take steps to ensure that their voice is heard in the policy-making process by engaging with the agency and providing feedback. Create an effective and impactful voice in your communications with agencies.
July 19, 2024
Austin C. Vincent

In this day and age, the administrative state touches our lives more and more, especially in agriculture, where we have seen more regulations around water, natural resources and labor. However, regulations in the agricultural industry and the enforcement of those regulations are not new.


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Accessing agriculture: Getting started in ranching and farming amid rising land costs

Beginning farmers and ranchers face many challenges including finding land and creating capital for ranch and farm needs. The USDA FSA makes and guarantees loans for beginning farmers and ranchers to help them get started in their agricultural pursuits.
May 28, 2024
Sarah Patterson

According to the USDA’s Land Values 2023 Summary, farm real estate value – a measurement of value for all land and buildings on farms – averaged $4,080 per acre in 2023. This was a 7.4% (about $280) increase from 2022.


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From the horse’s mouth: Written agreements for your ranch’s equine enterprise

Horses continue to be a part of daily operations as well as an additional source of income. While many horse-related transactions are often bound by a “handshake deal,” failing to adequately document the relative rights and responsibilities of those involved can lead to costly legal disputes.
May 21, 2024
Garrett Reed

Horses have been an integral part of livestock production since they were first imported with cattle by the Spanish in the early 1500s. While some modern ranches have transitioned to the use of “motorized horses” – all-terrain and utility-task vehicles (ATVs, UTVs) and dirt bikes – others continue the legacy of gathering, sorting, doctoring, branding and moving cattle by horseback.


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