Industries / Agriculture

Agriculture

Sandberg Phoenix offers practical counsel for farmers, farmland owners, and agricultural businesses. Whether you are a landowner leasing ground to operators, a multi-generational farm family planning for transition, or an investor acquiring productive farmland, agricultural transactions require counsel that understands both the legal framework and the realities of farm operations.

We represent farmers, landowners, agricultural operators, and agricultural investors in transactions, disputes, and strategic planning matters throughout the Midwest and beyond, including Missouri, Kansas, Illinois, and Florida. Our work combines real estate, business, estate planning, intellectual property, and operational experience to help clients protect productive land and position operations for the future.

Agricultural legal issues rarely fit neatly into a single practice area. Farm operations involve land, family succession, business entities, financing, leases, tax planning, and operational realities that must work together.

Our approach is grounded in practical problem-solving and long-term planning designed to help clients:

  • Preserve productive farmland
  • Protect operational flexibility
  • Transition businesses across generations
  • Structure efficient acquisitions and sales
  • Reduce risk in leasing and development arrangements
  • Resolve disputes without disrupting operations

Services for Farmers and Farm Families

Farm Succession and Transition Planning

Many farm families already have an estate plan in place, but the long-term success of that plan often depends on how business entities, leases, ownership structures, and operational agreements are implemented in practice.

We work alongside estate planning advisors to help clients transition agricultural operations across generations through:

  • Formation and restructuring of farm LLCs and family partnerships
  • Operating agreements with management succession provisions
  • Buy-sell agreements and transfer restrictions
  • Intergenerational equipment and asset transfer agreements
  • Farm lease alignment for succession planning
  • Crop share and cash rent lease structuring
  • Tenants in common agreements
  • Coordination of ownership restructuring and 1031 exchanges among heirs

Our goal is to help families preserve operational continuity while reducing conflict and uncertainty during transition.

Agricultural Leases and Operating Agreements

We prepare and negotiate agreements designed specifically for agricultural operations, including:

  • Cash rent and crop share farm leases
  • Long-term operating leases
  • Rights of first refusal and rights of first offer
  • Road maintenance and access agreements
  • Goodwill and non-solicitation agreements tied to agricultural business sales
  • Equipment transfers and asset purchase agreements

We understand that agricultural leases are not one-size-fits-all. Lease structures must account for operational realities, stewardship goals, financing requirements, and long-term family objectives.

Renewable Energy, Carbon, and Infrastructure Agreements

Farmers and landowners are increasingly approached with offers involving:

  • Solar and wind energy development
  • Battery storage projects
  • Carbon credit and carbon sequestration programs
  • Utility easements
  • Pipeline and transmission line agreements

These agreements can affect land use for decades. We assist clients with negotiating and reviewing agreements to protect long-term operational flexibility and land value, including:

  • Surface use protections
  • Crop damage and restoration provisions
  • Drainage and compaction protections
  • Assignment restrictions
  • Decommissioning obligations
  • Coordination with existing leases and financing arrangements

Services for Landowners and Agricultural Investors

Farmland Acquisitions, Sales, and 1031 Exchanges

We provide end-to-end transactional support for agricultural real estate matters involving both individual landowners and institutional buyers.  Our team has handled more than 24 agricultural real estate transactions involving farmland acquisitions and dispositions across multiple jurisdictions.

Our services include:

  • Purchase and sale agreement drafting and negotiation
  • Agricultural due diligence
  • Title review and curative work
  • Survey coordination
  • Multi-state closing management
  • Sale leaseback structures
  • Farm tenancy analysis
  • Like-kind exchange coordination

We are also able to assist farmers, farm families, agricultural operators, and agricultural landowners in evaluating and navigating Chapter 12 reorganizations and related workout matters. Our approach focuses on preserving productive operations, protecting farmland and equipment, and developing practical restructuring strategies that allow clients to continue farming while addressing financial obligations in an organized and sustainable manner.

Our Chapter 12 services include:

  • Evaluation of Chapter 12 eligibility and restructuring options
  • Pre-filing financial and operational analysis
  • Debt restructuring strategy for secured and unsecured obligations
  • Negotiation with agricultural lenders and creditors
  • Treatment of farmland mortgages, operating lines, and equipment loans
  • Cash collateral and operational continuity issues
  • Lease and executory contract analysis
  • Asset sales and restructuring transactions
  • Coordination with tax, business, and succession planning considerations
  • Representation in contested bankruptcy matters and adversary proceedings

Agricultural Preservation and Conservation Easements

Working lands conservation continues to grow as a planning tool for landowners seeking to preserve productive agricultural use while maintaining practical operational flexibility.

We assist clients with:

  • Agricultural preservation easements
  • Easement drafting and negotiation
  • Reserved rights analysis
  • Lender consent coordination
  • Title and survey review
  • Integration of conservation obligations into leases and operating documents

We recognize that many producers approach conservation restrictions cautiously. Our focus is on helping clients evaluate practical, operation-specific solutions that protect both long-term land stewardship and continued farm productivity.

Agricultural Dispute Resolution and Regulatory Matters

Agricultural operations face unique disputes involving land use, government programs, leases, and operational access. We represent clients in resolving disputes efficiently while protecting long-term business objectives.

Mineral Interests and Subsurface Rights

Mineral Rights and Development

Particularly across Illinois and Missouri, agricultural landowners often encounter issues related to the severance, ownership, and development of, as well as access to, subsurface resources such as coal, oil, gas, lead, zinc, and other critical minerals.  Whether mineral rights have been severed from or are jointly owned with surface rights, the sale, leasing, and production of minerals often involves a mix of public agencies, private surface and subsurface owners, third party operators, and other interested parties.

The use and development of agricultural land may also be impacted by and may in turn influence the manner in which valuable subsurface minerals are located and extracted.  Having trusted legal counsel is key to knowing your rights and obligations, as well as ensuring that contracts and agreements related to mineral interests are clear, comprehensive, and fair.

To discuss your agricultural operation, farmland transactions, subsurface issues, succession planning matters, or land use agreement, contact our team to schedule a consultation.