Agricultural Commodity Dealer Liens

You can’t drive down the freeway in Idaho without passing a tractor-trailer hauling hay or straw. Idaho is a large producer of hay and straw, which is often trucked to dairies in western Idaho and elsewhere. When hay or straw is shipped, the buyer and the seller typically have entered into a contract for the purchase and sale of the … Read More

Idaho’s Water Preferences

The West is a land of limitations. Mountains, deserts, rocks, soils and the arid climate all place limitations on farmers and ranchers. There are places where you can grow crops and places you simply can’t. A significant limitation on farmers and ranchers is imposed by water. Water is required for drinking and for domestic use. Water is required for livestock. … Read More

Free Trade

Exports of agricultural products are a big part of Idaho’s economy.  In the most recent marketing year Idaho exports of potatoes and potato products totaled 1.4 billion dollars.  Other exports include things like dairy products, vegetables, and fruits.  Idaho also exports a significant amount of alfalfa hay. Agricultural exports are also important nationally.  Last year the United States exported $140 … Read More

Partnership / LLC Tax Rules

The IRS is in the business of collecting taxes.  Pursuant to new tax rules enacted  under Title XI of the Revenue Provisions Related to Tax Compliance of the Bipartisan Budget Agreement (“BBA”), the IRS will have an easier time auditing and collecting taxes from partnerships and limited liability companies beginning January 1, 2018. Limited liability companies (“LLCs”) that have elected … Read More

Capper-Volstead

Farmers and ranchers are independent folks.  But when it comes to handling and marketing farm products it makes sense to work together.  The Capper-Volstead Act is federal law that allows agricultural producers to form cooperative associations and be immune from the application of antitrust laws. Antitrust laws are designed to prevent monopolies in the marketplace.  Competition is generally beneficial for … Read More

What a Nuisance!

“What a nuisance!,” I overheard the woman say at the grocery store. “Farmer Johnson was out all night baling hay and making noise with his tractor.” I smiled knowing that Idaho law protects the right of a farmer to operate his farm without the threat of a nuisance lawsuit. Idaho’s Right to Farm Act states that agricultural operations are not … Read More

Public Warehouse

Before a person can lawfully operate a public warehouse in the State of Idaho he or she must first procure a license from the Idaho Department of Agriculture.  A public warehouse means any elevator, mill, warehouse, or other structure or facility  where agricultural commodities are received for storage, shipment, processing or handling.  An example would be your local elevator that … Read More

Fair Districts

Under Idaho law two (2) or more counties within the state may group themselves together and form a fair district.  Upon creation of a district the respective county members are required by law to appoint a board of directors.   The board of directors is in turn required to hold monthly meetings, keep track of funds, and make plans for a … Read More

Free Trade

Exports of agricultural products are a big part of Idaho’s economy. In the most recent marketing year Idaho exports of potatoes and potato products totaled 1.4 billion dollars. Other exports include things like dairy products, vegetables, and fruits. Idaho also exports a significant amount of alfalfa hay. Agricultural exports are also important nationally. Last year the United States exported $140 … Read More

The Statute of Frauds: Get it in Writing

A man’s word is his bond. Or so the saying goes. However, the law requires that some contracts be made in writing, and signed by the party to be charged, so as to avoid fraud, confusion, and disagreement over the terms of the contract. An agreement covered by the Statute of Frauds that is not in writing is invalid. The … Read More