Ag-Visor
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House Passes Farm Workforce Bill
On Wednesday, the House of Representatives passed the Farm Workforce Modernization Act, easing immigration for agricultural workers. The bill would give "blue cards" to agricultural workers who have worked at least 180 days on farms over the past two years. They would become eligible for five-year renewable visas that would require working at leas…
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Estate Planning for Family Farms: What to do with the Land
While most businesses use real estate, unique planning issues arise for family-farm owners because of the importance of real estate to the farm and family. There are several reasons for that. Family farms are not as mobile as other businesses. Family-farm owners usually have strong emotional attachments to the land. They treat the land they far…
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How Much Water Can the Federal Government Regulate?
A controversial federal environmental regulation has been repealed, according to an announcement Sept. 12 by the administrator of the U.S. Environmental Protection Agency and the assistant secretary of the Army who oversees the Army Corps of Engineers. That means the definition of “Waters of the United States” will return to its pre-2015 definition…
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Don't Miss the Ag Land Values and Lease Seminar
Gone are the days when handshake deals suffice as a contract for a land purchase. I’ll be presenting on Ag Lease Agreements as part of the Agricultural Land Values and Lease Seminar on October 9 at the Rib River Ballroom. I plan to walk attendees through an overview of what leases are (and are not), whether they should be written (or unwritten), …
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Announcement re DMC Deadline Extension
The U.S. Department of Agriculture (USDA) extended the deadline from September 20 to September 27 for dairy farmers to enroll in the Dairy Margin Coverage (DMC) program for 2019. Enacted in the 2018 Farm Bill, this safety-net program offers risk-protection to dairy producers when the difference between the all-milk price and the average feed cost (…
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Farm Family Probate
The family farm has always been unique from an estate-planning perspective. Unlike many traditional businesses, a farm business typically holds a disproportionate amount of illiquid assets such as real estate, equipment, crops and livestock. It often has few liquid assets. Important planning needs to take place to deal with the incapacity or death …
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Recreational Use Immunity: Protecting Landowners From Risks In Public Recreational Activities
It seems sometimes that no good deed goes unpunished. Landowners who permit access to their property for outdoor enthusiasts to engage in their favorite recreational activities – such as camping, hiking and hunting – could risk liability for doing so. But a Wisconsin law called the Recreational Use Immunity statute provides private landowners a la…
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Carefully Consider Fiduciary Obligations
The sponsorship of a qualified retirement plan can be rewarding but frustrating – there are so many rules. Unfortunately agricultural employers are not given a break when it comes to sponsoring such retirement plans. Examples of qualified retirement plans are 401(k) plans, profit-sharing plans and money-purchase plans. Leaving the tax rules for an…
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Dairy Breakfasts, Farm Tours, and Other Events--How to Limit Your Liability When Hosting an Event on the Farm
Hosting an event is a great way to build community morale, gain exposure for the host and possibly even make a little money. Farms can make excellent venues for hosting all types of events. The farmer hosting an event should make it his or her goal that each event-goer is having too good of a time to think of anything else. But the host should alw…
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Insurance Claims: When in Doubt, Report
Any prudent business obtains some level of insurance. Those periodic payments buy the peace of mind that insurance will step in when needed. In the event of certain unforeseen property damage, injuries or other losses, insurance provides the funds and legal support necessary for a business to avoid catastrophe. At least that’s how it should work. …
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Review Business Contract Carefully
Agricultural producers are often asked to enter into written contracts. Those contracts can cover a wide range of issues including buying equipment, leasing property and selling products. Although the subject matter varies widely, there are a number of issues that will typically apply to any business contract no matter what the subject matter. Thi…
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Farm Succession Planning
A huge number of baby boomers have created or continued successful family owned farms. As they approach retirement the future of those farms hinges on their ability to successfully transition to a next generation. Less than 30 percent of family farms successfully transfer to a subsequent generation. A clear succession plan is the most important in…
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The Wisconsin Homestead Exemption
Farmers may have wondered how a neighbor or someone else filing bankruptcy can keep his or her house. The answer is exemptions. Exemptions are assets that can be kept from unsecured creditors. The Wisconsin Legislature didn’t want debtors on the street with no assets so it created exemptions. The Wisconsin homestead exemption allows a debtor to e…
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Will Parents’ Long-Term Care Costs Sink the Farm?
Problems can result when parents maintain ownership of a farm but need long-term health-care services from an assisted-living facility or nursing home. Expenses associated with long-term care can jeopardize a farm business if not properly managed ahead of time. There’s a common situation attorneys encounter when helping farm families with farm leg…
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Qualifying for Favorable Lending Terms in a Financially Stressed Market
Uncertainties in agricultural markets continue to impact lenders’ financing decisions as well as loan terms and conditions. But there are ways to qualify for favorable lending terms even in a time of financial stress and challenging markets. A prospective borrower should review farm-operation goals and how to achieve those goals as well as credit …