J. David Aiken - Extension Water and Agricultural Law Specialist

David Aiken

(faculty)
Work FYH 103D
Lincoln NE 68583-0922
US
Work 402-472-1848 On-campus 2-1848

Faculty Bio

Farmers shaking hands

Terminating a Verbal Farm Land Lease August 2, 2017

Some farm leases are not written, but are verbal or "handshake" agreements, the details of which may be remembered differently by both parties. This article addresses the deadline for giving termination notice for crop land leases (Sept. 1), how the requirements differ for crop and pasture lands, and links to sample written leases.

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Figure 1. NASA map shows the path and viewing times for the August 21 eclipse as it passes over Nebraska.

Q&A on 2017 Solar Eclipse and Nebraska Agritourism Liability July 27, 2017

Nebraska will be host to thousands of visitors looking to catch the optimal view of the August 21 above our skies. Before opening up your lands to this agritourism opportunity, be sure to understand and addess your liability.

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Scale of justice
Scale of justice

Kansas Federal Jury Awards $218 Million in Syngenta Litigation June 29, 2017

On June 23 a federal jury awarded $218 million in damages to 7300 Kansas farmers for lost revenue from China rejecting corn shipments containing unapproved Syngenta varieties.

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Property Owners Required to Keep Trees Out of Division Fences April 19, 2017

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:

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A Checklist for Farm/Ranch Debt Workout March 14, 2017

Some Nebraska producers may be feeling a financial crunch and considering some unfamiliar options to manage their debt. For those negotiating a workout agreement with their creditor or creditors to restructure debt under challenging financial circumstances, the author lists several points to consider.

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Individuals talking around the table

Nebraska Farm Credit Mediation March 9, 2017

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.

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Q&A on the IRS Portability Rule March 1, 2017

A 2013 tax law change–the portability rule–can simplify farm and ranch estate planning. Farm and ranch families still need to do estate planning to develop and implement farm or ranch business transition plans so that the farm or ranch can continue to be successfully operated by the next generation. This Q&A addresses a number of questions.

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sample loan application form

Considering Ag Refinancing Options February 28, 2017

In today's tight agricultural economy, a lender may require you to provide additional loan collateral—including land—as a condition for receiving continued operating credit. For example, if your carryover operating debt is $160,000, the lender might suggest moving the loan onto some land, machinery, or other property that is clear of debt.

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