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Minnesota Agricultural Law Questions & Answers
Q: I'm a Minnesota resident. MN has a $3,000,000.00 estate tax exemptionCan I put Iowa farmland in a trust to get below
the exemption? The farms have been, and still are family farms now operated by my son. What kind of a trust would it have to be? Thank you
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James L. Arrasmith
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answered on Mar 11, 2024
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answered on Mar 11, 2024
As a Minnesota resident, you can use trusts to help manage your estate and potentially reduce your estate tax liability. However, the specific type of trust and its effectiveness in reducing estate taxes will depend on various factors, such as the value of your estate, the nature of your assets,... View More 
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Q: Landlord seeks recourse for renter's breach of organic weed control obligations in Minnesota
I am an organic farm landlord, and my renter has failed to meet contractual obligations regarding proper weed control using cultivation techniques required for organic standards. Despite my verbal notifications over the past four years and informing his organic certifiers, he's leaving my... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You have the right to seek accountability for the harm caused to your land, even if your lease contract doesn't spell out specific penalties. In Minnesota, the failure of a tenant to uphold material terms of a lease—such as organic weed control practices on an organic farm—can be treated... View More
Q: Am I obligated to trim trees on property line at farm's request?
In 1999, the current owner of the adjacent agricultural field requested that I plant my trees 10 feet from the property line. At that time, he was farming both my field, which is in the C.R.P. program, and the adjacent field. Now, he's verbally requested that I trim the trees, claiming they... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You planted those trees entirely on your own property, so you’re under no general legal duty to prune or remove them simply because they cast shade on your neighbor’s crops. Absent a recorded easement or specific ordinance requiring you to trim for light access, the neighbor’s request is just... View More
Q: Can county government take over township powers without having due process? Isn't a public hearing required?
This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".
Robert Kane
answered on Apr 10, 2024
answered on Apr 10, 2024
Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency.... View More
Q: Does Delaware use the same definition for dog and cat fur that federal law does?
Hello, I'm not a resident of Delaware, but I was wondering how the state defines "fur" and "hair" in the law banning the sale or trade of dog and cat fur/hair. Federal law defines dog and cat fur as a pelt--any fur or hair with skin attached--and so do other laws for other... View More
William Bailey
answered on Feb 15, 2021
answered on Feb 15, 2021
Your question involves Delaware law. You would need to contact attorneys in Delaware for help with this.
Q: I have filed a chapter 12 and have been working on a plan since February. The bank will not budge on what they want.
The bank wants 3 payments of 54000 with in 13 months of each other. That means I have to use 1 crop year to make 2 of those payments but it's not possible. What can I do about this? I have a lawyer hes been doing this since the 80s. This is what he told me and I'm just getting a second... View More
David Luther Woodward
answered on Oct 17, 2020
answered on Oct 17, 2020
Where's your lawyer?
He is the one who should be doing battle with the bank. Bank's don't cotton to customers, but they are somewhat fearful of good bankruptcy lawyers who will take them to the lick log.
No lawyer?
Find one!
Good Luck
d
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