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Agricultural Law Questions & Answers
1 Answer | Asked in Products Liability, Agricultural Law and Car Accidents for Alabama on
Q: My neighbors have a lot of cows and they are out all the time. So i hit one so I am responsible?

We are on a busy highway and the cows get out all the time especially lately. I hit one the other night 2 were out. He knows they are always out how does he not have to pay for the damages. They are his they are not wild animals.

Hunter Garnett
Hunter Garnett
answered on Mar 22, 2023

Generally, farmers aren’t liable for personal injuries caused when their cows get out if they have proper fencing. However, there are occasionally exceptions. You should contact a lawyer, especially if you have serious personal injuries.

Here’s the statutes on this issue:

Read more »

1 Answer | Asked in Agricultural Law, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw)

So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground... Read more »

John Cucci Jr.
John Cucci Jr. PRO label
answered on Mar 20, 2023

You are in a tough spot.

In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties.

As part of the case(s) or causes of action, you will need...
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1 Answer | Asked in Agricultural Law and Environmental for California on
Q: Why are bees fish?

In the case of Almond Alliance vs Fish and Game Commission, what is the difference between bees having to be fish and insects having their own section in the CESA? Why not file for an amendment for the CESA to have a section for them?

James L. Arrasmith
James L. Arrasmith PRO label
answered on Mar 16, 2023

Bees are not fish, and it is unclear why this question is being asked in the context of agricultural law and environmental law for California. The Almond Alliance vs Fish and Game Commission case likely does not involve the classification of bees as fish.

As for the issue of insects having...
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Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... Read more »

James L. Arrasmith
James L. Arrasmith PRO label
answered on Mar 4, 2023

In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... Read more »

1 Answer | Asked in Agricultural Law and Land Use & Zoning for New Jersey on
Q: The head of the EHT Zoning Board drove onto our neighbor's property without prior notice. She observed we have a chicken

coop. That same night at a variance hearing for the property she drove onto, she asked another neighbor if the coop she saw was his. He said no. When I testified that I was against the neighbor's variance, I said the coop was mine. We then received a notice of violation for having the coop.... Read more »

Morris Leo Greb
Morris Leo Greb
answered on Feb 21, 2023

A ZBOA member may not enter a person's property without permission, The applicant may have given permission as part of the application process. You did nor state whether the zoning officer has issued to you a notice of zoning violation and a demand to cure.

1 Answer | Asked in Agricultural Law and Gov & Administrative Law for Nebraska on
Q: What do I do?

I have farm plates currently ony pickup and that is how it has been since I've gotten it. I haven't moved or nothing. I have chickens and move livestock very frequently but county keeps using the excuse that I need to own farm land in able to get farm plates

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Using the vehicle for moving livestock isn't the only qualification for having farm plates. Farm plates are available to other than just the owner of farm land. You will need to review the criteria for farm plates and see if you qualify. The rules have been modified over the years so it is... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Environmental for Ohio on
Q: 18acres of a farm adjoining to our farm, is building 90 townhouses . They are removing the woods between us exposing our

They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it?

Joseph Jaap
Joseph Jaap
answered on Feb 6, 2023

If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns.

1 Answer | Asked in Real Estate Law and Agricultural Law for Texas on
Q: The city won't let me get water without having the deed put in my name, the property was willed to me from my stepdad
John Michael Frick
John Michael Frick
answered on Jan 31, 2023

The city is incorrect.

That being said, the least expensive solution is to have the executor of your stepdad’s estate sign a deed conveying the property to you.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Agricultural Law for Nebraska on
Q: Does a court go off the last Will made?


Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud.

1 Answer | Asked in Contracts, Agricultural Law, Energy, Oil and Gas and Environmental for Kentucky on
Q: Does electric company have the right to come on my KY farm & cut blueberry bushes. Can't find any easement back to 1961.

Not recorded on my deed and I searched back to 1961.

Timothy Denison
Timothy Denison
answered on Jan 12, 2023

I’d search it back further than 1961, but if there’s no easement, they have no right to enter or use your property.

1 Answer | Asked in Estate Planning and Agricultural Law for Kentucky on
Q: City passed a new ordinance a year after I have owned chickens and are saying I have to get rid of them am I grandfather

I’ve lived there for three years and owned chickens they whole three years and are now telling me I have to get rid of them new ordinance passed may 2nd this year

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

One would need to see the ordinance and it’s history to properly answer this question.

1 Answer | Asked in Agricultural Law, Energy, Oil and Gas and Land Use & Zoning for Texas on
Q: We own 83 acres of timber but not mineral rights. We have several homes (children) on our property and a cluster well.

We do not own mineral rights. Just received call from driller advising they will be drilling oil on our land. How do i protect our homes timber and water source?

Aimee Hess
Aimee Hess
answered on Jul 13, 2022

In Texas, the mineral estate is the dominant estate. That means that the mineral owner and the oil company have the right to make all reasonable uses of the surface for exploration, drilling and production of oil and gas.

The Texas Railroad Commission, the state agency which regulates oil...
Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Landlord - Tenant for Utah on
Q: can I cancel my rental agreement when I sell my property or does the rental agreement continue on with the new owner

this is a rental agreement on farm ground

Kenneth Prigmore
Kenneth Prigmore
answered on Jul 12, 2022

The answer to your question will normally be found in your rental agreement. If you don't have anything in the agreement that specifically allows you to cancel if you sell, then you will normally be expected to fulfill the terms of the contract. As this is for farm ground, you don't have... Read more »

1 Answer | Asked in DUI / DWI, Agricultural Law and Civil Rights for California on
Q: I have a concern and feel that I have received a notice of terminate tenancy
Dale S. Gribow
Dale S. Gribow
answered on Jun 16, 2022

more info is needed.

what is your question and does it relate to DUI?

1 Answer | Asked in Real Estate Law and Agricultural Law for Oklahoma on
Q: Does electric company has 100% approval to clear cut the easement of trees if for 50 Years they have been trimming
Charles Watts
Charles Watts
answered on May 19, 2022

If they have a utility easement then yes they can clear the trees out.

Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me

This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 13, 2022

There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission.

3 Answers | Asked in Criminal Law, Agricultural Law and Environmental for Texas on
Q: I got a warning but no citation, do I have to appear in court?

I got a warning from a TPWD Game Warden for no hunter's safety certificate. I was told to email proof of completion to the local judge and the issue would be resolved, i wouldn't have to appear in court (I have already done so). There is a handwritten appearance date at the bottom, what do I do?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 20, 2022

Call the court and make sure that you don't have to appear

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1 Answer | Asked in Agricultural Law, Civil Litigation and Small Claims for Alabama on
Q: If someone is driving by my house blowing train horns repeatedly is it against the law and what can I do about it?

Someone who doesn’t like me comes by my house regularly and blows train horns that he has hooked up to his truck and recently spooked my horse. My horse ran into the side of our barn due to this. We’ve reported him to the police for running me off the road and harassment but they say there is... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jan 19, 2022

You can look into if your city or county has a local noise ordinance, but if the police refuse to enforce it that may be a problem. You may want to call the city attorney or district attorney to discuss the matter.

1 Answer | Asked in Real Estate Law and Agricultural Law on
Q: During a storm, my neighbour's tree blew down severely damaging the entrance gate to a field I own.

He has paid for a replacement but who now owns the original, damaged gate?

Anthony M. Avery
Anthony M. Avery
answered on Jan 6, 2022

In most States the original owner still owns that personal property, junk or not. Since the neighbor paid for a new one, you might want to offer the destroyed gate to him. Especially since you did not have to sue him or make an insurance claim.

Q: Looking for my uncla money I'm not able to access
Timothy Denison
Timothy Denison
answered on Dec 7, 2021

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