The Jensen Litigation Firm, PLLC represents businesses and individuals in farm litigation. People hire us to understand their contractual or legal rights, and to fight for them. If you need an attorney for a farm dispute that impacts your operation, we can help. Contact us now before the dispute escalates.
What are common farm disputes in Minnesota?
Agri-businesses have many active contracts on a variety of matters. These contracts may involve buying, selling, or leasing land. There may be loans and liens for land, crops, livestock, equipment, and other collateral. They may have agreements with seed companies or cooperatives. Many farmers also have side businesses related to trucking or construction, each having their own contracts.
Any number of these contracts could become problematic. General principles of contract law will apply to the contract, along with any pertinent statutes. If there is a creditor dispute, the creditor generally cannot pursue collection activities or civil litigation until going through Farmer-Lender Mediation under Chapter 583 of Minnesota Statutes. For more questions about breach of contract issues, see 50 FAQs About Breach of Contract in Minnesota.
Agri-businesses may also have disputes unrelated to contracts. There may be problems with water drainage, nuisances from chemical drift or other material, land use issues, and environmental issues with government agencies. These issues can be complex and risky for your operation. If not resolved promptly, they could fester into a drawn-out lawsuit.
What issues are there with Farm Leases?
With farm leases, it is best practice to have the lease terms in writing. Unwritten leases for a term more than one year may not be enforceable because of a rule of evidence known as the Statute of Frauds. The written lease should detail the rent formula and any contingencies, such as weather conditions.
The renter should avoid activities that create “waste” on the property or modifying the property in ways that are prohibited by the lease, the owner, or land use authorities. If there is a dispute, general rules of contract interpretation will apply along with any statutes.
Why is it important to contact an attorney?
Farming can be a rewarding, but challenging life. It is understandable that independent farmers will take on any issue related to their operation. However, agri-businesses face many complex legal issues, including business, real estate, environmental, and other legal issues. Some of these issues will require an attorney to resolve properly through litigation in district court or arbitration.
We have the knowledge and experience to handle farm litigation. Do not hesitate to contact us if:
- You have a farm or agri-business contract that is causing a dispute.
- You are involved in creditor-debtor dispute related to a farm operation.
- You are experiencing problems with your land.
- You are involved in an ownership dispute regarding your farm operation, such as with a family farm LLC, trust, or estate.