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Acquiring Agricultural Land:

Illinois Farm Leases: One Variable Cash Rent Option
Donald L. Uchtmann & A. Bryan Endres
ALTB_08-03, July 2008; Revised August 2008
 

Abstract

This article describes a Variable Cash Rent Lease in which the farmland owner and operator negotiate a Base Cash Rent based on expected corn yields and the current price for new-crop corn futures contracts. The Actual Cash Rent will be the Base Cash Rent adjusted for changes in corn futures prices between the time the lease is negotiated and about March 1
 
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Farm Owner's Death: Can Tenant Continue Farming Under the Lease?
Donald L. Uchtmann
ALTB_07-04, June 2007
 

Abstract

This article describes the effect on a farm tenant’s lease when the Illinois farmland owner dies, becomes mentally incompetent, or sells the farm.
 
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Protecting a Farm Tenant's Right to Compensation for Improvements Made to the Leased Farm in Illinois
Donald L. Uchtmann
ALTB_07-03, April 2007
 

Abstract

This article encourages Illinois farm tenants to be very cautious about making and paying for improvements to rented land and to seek legal counsel before doing so. If a farm tenant decides to pay for such improvements, the article suggests ways to assure fair compensation to the tenant for the un-depreciated value of improvements made by the tenant at tenant's expense (e.g., grain storage or drainage improvements, or lime applied on the rented farm) if the tenant later loses the farm . Thanks to the Illinois Bar Foundation and to the Agricultural Law Section Council of the Ill. State Bar Association for supporting the development of this article.
 
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Should a Farm Lease Be Written and is an Illinois Farm Tentant Protected If the Lease is Oral?
Donald L. Uchtmann
ALTB_07-01, January 2007; Revised October 2009
 

Abstract

Generally, a farm lease should be in writing for many reasons. However, a farm tenant in possession of Illinois farmland under an oral lease has some protection under the law because such leases are considered to be leases “from year to year” in Illinois. This article discusses why it is generally wise to have a written lease, and also describes how the law protects a farm tenant even if the lease is not in writing.
 
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Is Your Lease Compatible with Your Division of USDA Farm Program Payments Between Landlord and Tenant?
Donald L. Uchtmann
ALTB_06-01, May 2006
 

Abstract

Whether a farm lease meets the technical definition of a “cash” lease or a “share” lease under federal regulations determines whether the farm operator, alone, or both the operator and the landlord is to receive certain USDA farm program payments. “Flexible” or “adjustable” cash rental arrangements, which technically may be “share” leases under the regulations, can be especially problematic. Improper division of farm program payments can result in ineligibility for farm program payments, and in some circumstances, a need to pay back previous payments. If a landlord and tenant have this problem, it may be wise for one to consult with legal counsel before taking further steps.
 
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