Farm & Ranch Leases: Overview and Practical Negotiation Pointers

CLE/Educational Webinar Exclusively for Members of the American Agricultural Law Association

Co-Sponsored by the National Agricultural Law Center and the American Agricultural Law Association

Topic:

Farm and ranch leases are an integral part of agricultural production throughout the United States. It is important that attorneys understand the basics of agricultural leases, as well as issues that arise in the drafting and negotiation of leases. This program will provide an overview of leases on agricultural property and discuss the importance of putting farm and ranch leases in writing. The presenters will also give some practical pointers for agriculture lawyers who are negotiating farm and ranch leases.

The program will discuss three common types of leases – cash-rent, crop-share, and hybrid leases – but will also address other types of agricultural leases such as livestock-share, bull/stallion leases, farm equipment leases, grazing leases, hunting and other recreation-type leases. In addition, the program will address:

Key farm lease provisions within each type of lease;
The impact of federal farms programs and self-employment tax for social security purposes;
Issues concerning lease termination;
How to ascertain whether your client is getting a “fair price” under the lease;
Types of disputes that arise under ranch leases and key terms to consider to prevent these disputes;
Factors to consider in drafting hunting or other recreation-type leases; and
Factors to consider in entering into mineral leases and pipeline easement agreements.

Time and Date:

Thursday, March 13, 2014

2:00-3:30 (EDT)

Participation/Registration:

This webinar is offered free of charge as a membership benefit of the American Agricultural Law Association and, therefore, is available only to AALA members. It is available free of charge to anyone who is a member of the American Agricultural Law Association as of March 12, 2014. Participation is limited to 95 registrants.

To register for the webinar, please contact AALA Executive Director Robert Achenbach (RobertA@aglaw-assn.org) with the following information: full name and the state(s) for which you will seek CLE* approval. CLE materials, a link to the webinar, and instructions will be sent to you prior to the CLE.

Joining AALA: If you are not already a member of AALA, joining is very easy. Visit the website to join online, or contact Executive Director Robert Achenbach via email or by phone at (360) 200-5699. Please note that AALA has reduced membership rates for students and new practitioners (defined as members who are, as of January 1, 2014, within three years after graduation from a college, university or law school). Any AALA membership received will be effective through September 30, 2015.

*Continuing Legal Education:

This program has been approved for 90 minutes of Continuing Legal Education credit in Arkansas. However, many other states allow attorneys to earn credit through reciprocity or self-submission. For more information about other state accreditation requirements, the ABA has assembled a resource here.

For attorneys outside of the state of Arkansas who wish to apply for CLE credit in their state, the American Agricultural Law Association will be happy to provide any needed documentation or materials necessary to submit to their state Bar. For any assistance needed in this regard, please contact Robert Achenbach at RobertA@aglaw-assn.org.

Moderator:

Rusty Rumley B.S., J.D., LL.M.

Senior Staff Attorney, National Agricultural Law Center

Rusty Rumley was born and raised on a family farm in Cogar, Oklahoma. He graduated magna cum laude from Oklahoma State University in 2004 with a B.S. in AgriBusiness and in 2007 earned hisjuris doctor from the University of Oklahoma. While attending the University of Oklahoma he was a member of the American Indian Law Review and worked part-time for Oklahoma Farm Bureau Legal Foundation. After law school, Rusty earned his LL.M in Agricultural Law at the University of Arkansas, and is licensed to practice law in the state of Oklahoma.

Rusty has published law review articles discussing the future application of special use valuation for inherited farmland, “right to farm” statutes, and the enforcement of animal cruelty statutes by private organizations. He has also written on landowner liability, agritourism, food labeling, local food production, business organizations, crop insurance, estate planning, leasing, and other land use topics in his work at the Center. Further, Rusty presents around the country to producer, consumer, extension, industry and legal groups on an array of topics.

Additionally, he has co-taught a course titled “Animals and Agricultural Production, Law and Policy” several times at the University of Oklahoma College of Law and most recently at the University of Nebraska College of Law and teaches an introduction to agricultural law course through the Dale Bumpers College of Agricultural, Food, & Life Sciences at the University of Arkansas. He is also an adjunct faculty member in the University of Arkansas’ Animal Science Department and the Agricultural Economics and Agribusiness Department.

His primary areas of interest are in estate planning, taxation, business organizations, landowner liability, leasing, and agritourism.

Presenters:

Cari Rincker

Rincker Law, PLLC

Cari Rincker is licensed to practice in New York, New Jersey, Connecticut and Washington D.C. She is a general practitioner in New York City with concentrations in food, agriculture law and family law. She is also mediator, prolific writer, and articulate speaker. Before starting Rincker Law, PLLC, Cari was an associate at Budd-Falen Law Offices, LLC in Cheyenne, Wyoming where her broad practice areas ranged from agriculture, environmental and natural resource issues to federal lands, wind energy development, crop insurance, property law, commercial law, and probate with clients located all over the west.

Cari is currently the Chair of the American Bar Association, General Practice, Solo & Small Firm Division’s Agriculture Law Committee. She also serves on the New York State Bar Association’s Agriculture & Rural Issues Committee and is the founding member of New York Agri-Women.

Cari completed her Juris Doctor from Pace University, School of Law, in White Plains, New York. At Pace, Cari completed certificates in both Environmental Law and International Law and was a Vice-Chair on the National Environmental Moot Court Competition Board. While in law school, Cari worked at SimmonsCooper, LLC in their international litigation division and completed a consultancy with the Food and Agriculture Organization of the United Nations where she conducted research on national legal frameworks on the conservation of livestock biodiversity and was a contributing author to The State of the World’s Animal Genetic Resources for Food and Agriculture.

She also has an extensive publication record, including having co-authored “Field Manual: Legal Guide for New York Farmers and Food Entrepreneurs” along with Pat Dillon, an Iowa agriculture lawyer.

Tiffany Dowell

Assistant Professor and Extension Specialist in Ag Law at Texas A&M Agrilife Extension

Tiffany Dowell is Assistant Professor and Extension Specialist in Agricultural Law, Department of Agricultural Economics at Texas A&M University. Her focus is on providing legal information to Texans involved in the agricultural industry. Her primary research and outreach focus areas include water law, property rights, oil and gas leasing, right-to-farm legislation, and litigation between producers and animal rights groups.

Tiffany earned her Juris Doctor, summa cum laude, from the University of New Mexico School of Law. Prior to attending law school, she attended Oklahoma State University where she earned a B.S. in Agribusiness and Farm Management. She has written several articles, including co-authoring an article with American Agricultural Law Association President-elect Jesse Richardson titled, The Implication of Bounds v. State of New Mexico, which was published in the Journal of Contemporary Water Research and Education. Tiffany was in private practice in New Mexico for about four years prior to beginning her current position at Texas A&M.

Research & Materials

Ag Leasing Outline (Rincker)

Hunting Lease Checklist (Dowell)

Grazing Lease Checklist (Dowell)

IRS Publication 225: Farmer’s Tax Guide

PPT slides (Dowell)

PPT slides (Rincker)