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Title 7 — AgricultureRelease 119-73

§1308–5 Treatment of multiyear program contract payments

Title 7 › Chapter CHAPTER 35— - AGRICULTURAL ADJUSTMENT ACT OF 1938 › Subchapter SUBCHAPTER II— - LOANS, PARITY PAYMENTS, CONSUMER SAFEGUARDS, MARKETING QUOTAS, AND MARKETING CERTIFICATES › Part Part A— - Definitions, Loans, Parity Payments, and Consumer Safeguards › § 1308–5

Last updated Apr 6, 2026|Official source

Summary

If land is inherited and the new owner takes over the old owner's contract under Title XII, the Secretary of Agriculture may pay the new owner under that contract even if the new owner already got payments from a different Title XII contract made before the inheritance. Payments made this way cannot be more than the amount the former owner was entitled to under the contract at the time of the former owner’s death.

Full Legal Text

Title 7, §1308–5

Agriculture — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, in the event of a transfer of ownership of land (or an ownership interest in land) by way of devise or descent, the Secretary of Agriculture may, if the new owner succeeds to the prior owner’s contract entered into under title XII,11 See References in Text note below. make payments to the new owner under such contract without regard to the amount of payments received by the new owner under any contract entered into under title XII 1 executed prior to such devise or descent.
(b)Payments made pursuant to this section shall not exceed the amount to which the previous owner was entitled to receive under the terms of the contract at the time of the death of the prior owner.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Title XII, referred to in subsec. (a), is title XII of the Food Security Act of 1985, Pub. L. 99–198, Dec. 23, 1985, 99 Stat. 1504, which is classified principally to chapter 58 (§ 3801 et seq.) of Title 16, Conservation. For complete classification of title XII to the Code, see Tables. Codification Section was enacted as part of the Food Security Act of 1985, and not as part of the Agricultural Adjustment Act of 1938 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective beginning with 1991 crop of an agricultural commodity, with provision for prior crops, see section 1171 of Pub. L. 101–624, set out as an

Effective Date

of 1990 Amendment note under section 1421 of this title.

Reference

Citations & Metadata

Citation

7 U.S.C. § 1308–5

Title 7 — Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73