Re: OT: dead trees and lush soybeans!

Posted by Doug in IL on May 23, 2005 at 16:22:12 from (64.254.202.82):

In Reply to: Re: OT: dead trees and lush soybeans! posted by msb on May 23, 2005 at 07:55:18:

The sheriff can't get involved. At last not in this state. This is a civil matter. The gentleman whose trees were planted over would have to hire a lawyer and file suit to get any type of relief. These things happen all the time. AND unless the tenant has proper, legal and provable notification to stop farming, the tenant will ALWAYS win in court. In this state notification has to be 4 months prior to March 1. In court, this notification has to be able to be proved. The old "I told him to not farm it next year", won't work. Not unless the farmer agrees to giving up the lease. I always have my attorney do the notifications. In this case, if the buyer bought his lot in December, it was too late for him or the developer to suspend the lease to the farmer anyway. He will just have to wait until next year. There is no recourse under the law in this case, at least in Illinois. By the way, I have been on both sides of this fence a number of times.

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