Farm tax and legal
The Farm Legal Series is updated every five years to help producers and agricultural industry professionals stay on top of relevant legal topics while making the best decisions impacting the farm, family and overall profits. You can view the series by individual issues or view all the topics together.
The University of Minnesota Extension agricultural business management team worked with law firm Winthrop and Weinstine, P.A., to update the series in 2025 with specific regard to Minnesota law.
The newest topic in this 24-document series is “Restriction on the foreign ownership or leasing of agricultural land,” and discusses requirements and limitations of those able to own land in Minnesota.
View all articles in the farm legal issues series.
Farm leases
Types and terms of leases, rights and responsibilities.
Financing the farm operation
Loan classifications and sources, financial arrangements with suppliers, leases and contracts and more.
Restriction on the foreign ownership or leasing of agricultural land
Requirements and limitations of those able to own land in Minnesota.
Choosing the right business entity
Factors to consider when selecting the type of entity for a farming operation.
Restrictions on farm entities
Restrictions and exemptions on business entity types used in agricultural production.
Using trusts: legal issues and options
Different types of trusts and the effect of the Corporate Farm Act, agricultural homestead issues, and the qualified farm property deduction on trust assets.
Agricultural marketing contracts
Regulations and other legal considerations.
Agricultural production contracts
Advantages, regulations, and associated risks.
Contracts, notes and guaranties
Elements of a legally enforceable contract, types of contracts.
Mortgages and contracts for deed
Legal differences between the use of real property to finance debt through mortgages and contracts for deed in Minnesota.
Mortgage foreclosures
If a farm debtor is unable to perform under the terms of his real estate mortgage, the rights of the parties are determined by state law.
Termination of contracts for deed
If a farm debtor is unable to perform under a contract for deed, the rights of the parties are determined by state law.
Landowner liability in Minnesota
Potential liability issues, recreational land use protections, and other liability considerations for owners of agricultural land.
Managing counterparty risk
Identifying and mitigating counterparty risks.
Bankruptcy: The last resort
While the Bankruptcy Code may help alleviate your debt, the choice does not come without consequences.
Bankruptcy: Chapter 7 liquidations
The most logical choice for a farmer who cannot continue to farm and must terminate his farming operation.
Bankruptcy: Chapter 11 reorganizations
Allows a debtor to enter into an agreement with creditors under which all or a part of the business continues.
Bankruptcy: Chapter 12 reorganizations
Designed specifically for the reorganization of family farms.
Minnesota water law basics
Water laws basics for surface water, ground water, navigable waters and wetlands.
Employment conditions, wages and documentation
State and federal employment laws that apply to farmers.
Security interests in personal property
Considerations regarding the use of personal property—such as livestock, machinery, equipment and crops—as security for a loan.
Foreclosure of security interests in personal property
Options available to creditors with a security interest in personal property, and procedures under Minnesota law.
Rights of unsecured creditors
Legal remedies and issues surrounding unsecured creditors.
Tax considerations in liquidations and reorganizations
There are several options available to farmers dealing with income tax problems.