Indiana Ag Law Foundation to receive $500,000

INDIANAPOLIS, Ind. — The Indiana Agricultural Law Foundation (IALF) has learned that a federal court has approved $500,000 in funds be made available to the foundation through a class action settlement.

The United States District Court – Southern District of Indiana finalized on Oct. 29 that the IALF would receive a distribution of $500,000 of funds from the class action settlement of Uhl v. Thoroughbred Technology and Telecommunications, Inc., which involved fiber optic cable installation on land adjacent to railroad rights-of-way.

The money is what is known in legal circles as “cy pres” funds – that is, a portion of the funds left over after claims are administered in a class action lawsuit. Attorney Nels Ackerson of Ackerson Kauffman Fex, PC, was the class counsel on the settlement.

“We appreciate Nels’ efforts and his effective representation in this case and his efforts to direct the funds to the IALF,” said Don Villwock, president of Indiana Farm Bureau and the IALF. “These funds will help us support landowners in protecting their property rights in precedent-setting cases.”

As a requirement of receiving the funds, the IALF will use the funds for education of and enforcement of property rights in cases that affect landowners.

The IALF was established by Indiana Farm Bureau in 2005. Its mission is to further the understanding of agricultural legal issues within the agricultural community, the judicial branch of government and the public at large through education, research and litigation, and to provide financial support in the resolution of legal issues of common concern and establish legal precedent favorable to the agricultural community.

Former Wis. elk farmer guilty in federal court

ROCKFORD, Ill. (AP) — A Texas man has pleaded guilty in federal court to illegally moving elk between Wisconsin and Illinois.
Federal officials say 55-year-old Robert Johnson moved elk from a farm he owned near Gays Mills to Ogle County, Ill., in 2005 without testing them for diseases including chronic wasting disease. Johnson faces up to five years in prison and $250,000 in fines when he’s sentenced in February 2009.

Wisconsin prosecutors accused Johnson of introducing wild pigs to Crawford County earlier this year, but a judge found him not guilty in October. A message left for Johnson’s attorney, listed in online court records as Robert Wilt of Rockford, wasn’t immediately returned.

Johnson lists a San Marcos, Texas, post office box as his address.

NE Iowa man dies in tractor accident

ARLINGTON, Iowa (AP) — A northeastern Iowa man has died in a tractor accident.

The Fayette County sheriff’s office said 80-year-old Calvin Bissell, of rural Arlington, died Nov. 3 when he was pinned under the tractor. Deputies said Bissell was trying to move a plow that had a broken hitch with a loader on the tractor, and the tractor overturned.

Bissell died at the scene.

Workplace deaths in Iowa rise in 2007

DES MOINES, Iowa (AP) — The number of people killed on the job in Iowa is up. According to a preliminary report by the U.S. Department of Labor, 88 people died in work-related accidents in 2007. That’s an increase of 17 over 2006.

The report, by the department’s Bureau of Labor Statistics, shows the most frequent on-the-job deaths involved highway crashes, with 27. Twelve people were killed when they were struck by an object or equipment, and 10 died in non-highway transportation incidents, such as on a farm or industrial site.

Together, the three categories accounted for more than half the workplace deaths in Iowa last year. Nationwide, there were 5,488 fatal job injuries in 2007, a decrease of 6 percent from a revised total of 5,840 in 2006.

Botulism apparently killed 100 Florida horses

OCALA, Fla. (AP) — Botulism was the apparent cause of death for 100 horses killed at an 87-acre breeding farm within the last month.

A veterinarian with the Florida Department of Agriculture said the source was almost certainly the animals’ feed. Though further tests will be conducted, preliminary results and the animals’ symptoms point to botulism. The horses suffered neurological damage and had to be put down by their owners.

The sick horses on the farm were first discovered in late September/early October. Several horses given antitoxin survived.

Nelson expects no problems with Johanns

OMAHA, Neb. (AP) — Democrat Ben Nelson says he expects he’ll have an excellent relationship with his new Nebraska Republican colleague in the U.S. Senate, Mike Johanns.

Nelson said during a phone news conference that he was on the same page of bipartisanship as Johanns, also a former Nebraska governor. Johanns was elected Nov. 4 to replace Republican Sen. Chuck Hagel, who opted not to seek a third term. Early in the campaign, Nelson had blasted Johanns for resigning as USDA secretary before the 2008 farm bill had passed.