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Agricultural Law Questions & Answers
0 Answers | Asked in Agricultural Law and Business Law for Virginia on
Q: According to federal law, is a CDL license needed when transporting livestock for profit (transporting for someone else)

- if the trailer/vehicle are below the weight rating requirements?

-if traveling out of state?

-only doing it sometimes?

-doing it full time?

Q: So if the USDA officer comes up on a camper van "parked " in a day area ,can they demand that the other passenger out ?

When I the driver got out and meet them coming out side my van ?

James L. Arrasmith
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answered on Sep 7, 2024

When a USDA officer approaches a camper van parked in a day-use area, they generally have the authority to engage with the occupants to ensure rules and regulations are being followed. However, they can't simply demand that a passenger exit the vehicle without a valid reason. Officers need to... View More

1 Answer | Asked in Agricultural Law, Criminal Law, Appeals / Appellate Law and Wrongful Death for Texas on
Q: Would any law firms take on a death penalty case for free?

I have a friend on death row in Texas who is currently trying to appeal his sentencing. Would any law firms take his case on for free?

Tara Gilmore-Low
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Tara Gilmore-Low
answered on May 24, 2024

There are firms who handle a number of appeals on a pro bono basis, however, your better bet is to contact the Innocence Project.

Q: Msds for aPeel

Exposure safety for grocery store stockers.

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2024

A Kansas attorney could advise best, but your question remains open for three weeks. It sounds like you want a copy of an MSDS (Material Safety Data Sheet). A general starting point for obtaining an MSDS is through a company's safety and environmental compliance office. Good luck

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1 Answer | Asked in Products Liability, Agricultural Law, Animal / Dog Law and Civil Litigation for Alabama on
Q: Need a local Alabama lawyer to help sue dog food company and pet treat company that's product made my pets very ill
Tim Akpinar
Tim Akpinar
answered on May 17, 2024

An Alabama attorney could advise best, but your question remains open for a week. You could search for attorneys online and supplement your searches with the tab above, "Find a Lawyer." Local and state bar associations could also be a resource for locating attorneys within your area, Good luck

2 Answers | Asked in Consumer Law and Agricultural Law for California on
Q: In plan English what is the law against shipping yeast nutient to California and why? Besides Ca. Being a BS. State
James L. Arrasmith
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answered on May 3, 2024

There are restrictions on shipping yeast nutrient products to California due to state regulations. The primary reason is that California has stricter environmental and health safety laws compared to many other states.

Yeast nutrients often contain ammonium salts like diammonium phosphate...
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1 Answer | Asked in Public Benefits, Agricultural Law and Land Use & Zoning for Minnesota on
Q: Can county government take over township powers without having due process? Isn't a public hearing required?

This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".

Robert Kane
Robert Kane
answered on Apr 10, 2024

Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency.... View More

1 Answer | Asked in Real Estate Law, Tax Law, Agricultural Law and Estate Planning for Minnesota on
Q: I'm a Minnesota resident. MN has a $3,000,000.00 estate tax exemptionCan I put Iowa farmland in a trust to get below

the exemption? The farms have been, and still are family farms now operated by my son. What kind of a trust would it have to be? Thank you

James L. Arrasmith
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answered on Mar 11, 2024

As a Minnesota resident, you can use trusts to help manage your estate and potentially reduce your estate tax liability. However, the specific type of trust and its effectiveness in reducing estate taxes will depend on various factors, such as the value of your estate, the nature of your assets,... View More

1 Answer | Asked in Tax Law and Agricultural Law on
Q: In Minnesotas estate tax exemption for Farms, I'm a MN resident and own farm land in Iowa . Does that count for the

2,000,000 exemption? Thank you

James L. Arrasmith
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answered on Mar 11, 2024

In Minnesota, the estate tax exemption for qualified farm property is $2,000,000, in addition to the standard estate tax exemption. However, to qualify for the farm property exemption, the property must meet certain criteria:

1. The property must be classified as agricultural land in...
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2 Answers | Asked in Agricultural Law, Small Claims and Social Security for Pennsylvania on
Q: Hello. What is USC 15 B 1611 and can I speak to and underwriter please.

Please Help!

James L. Arrasmith
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answered on Mar 2, 2024

It seems you're inquiring about a specific section of the United States Code (USC), which is a compilation of federal statutes. However, without more context, it's challenging to provide a precise explanation of USC 15 B 1611 because the citation doesn't directly match the standard... View More

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1 Answer | Asked in Agricultural Law, Car Accidents, Civil Litigation and Environmental for Oregon on
Q: a tree falls from homeowner's property into the city street, blocking traffic and a vehicle crashes into that tree.

Who would be responsible or held liable? would it be the homeowner? would it be the city? or would it be The pedestrian driving the vehicle?..

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

An Oregon attorney could advise best, but your question remains open for four weeks. It could depend on a number of factors - manner in which tree fell, details about crash (speed, visibility, distractions, etc). It could be something that the homeowners carrier and auto carrier might sort out.... View More

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Agricultural Law for Maryland on
Q: Can a former employee to a pest control company sue for improper training, poor safety equipment and working un licensed
Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

A Maryland attorney could advise best, but your question remains open for a week. The type of case you describe can be complex because such cases sometimes involve multiple parties in potential third party actions - you could reach out to law firms to try to set up a free initial consult. That... View More

1 Answer | Asked in Agricultural Law and Car Accidents for Arkansas on
Q: If I hit a cow that is out in the road at night. Is it my fault? The farmer is not go to pay for damages

The farmer is saying his cow has the right of way. It was night and the cow was black. I only have liability insurance. So I have no vehicle to get anywhere like work. And the police report says I was doing nothing wrong.

Joel Gary Selik
Joel Gary Selik
answered on Feb 20, 2024

Yes you have a case against the farmer. It is the farmer's fault. He should turn it over to his business or homeowner's insurance. If he or she fails to do so, a lawsuit would be proper.

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Real Estate Law for Arkansas on
Q: what are Arkansas law regarding existing fencing that has been in place for more than 10+ yrs?

Property we bought about 11 yrs ago had already fencing around it from neighbors. We left it as such and built more fencing that ran into already built parts and have repaired older fencing. Now a neighbor bought some of the property from newer neighbors and want to tear down existing fencing and... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2024

An Arkansas attorney could advise best, but your question remains open for a week. Your question may run deeper than technicalities about fence construction. Your post suggests a property dispute. You could repost and add "Real Estate" as a category. If this involves adverse possession... View More

1 Answer | Asked in Agricultural Law and Business Law for Florida on
Q: What is FL law on refunds for nonprofit events?

A FL nonprofit org hosted a music festival April 2023. It was cancelled due to inclement weather, with promise of refund. There has been avoidant and lack of communication on the process. In June 2023 they said they are waiting on their insurance claims to process to disburse refunds, but in... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2024

A Florida attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Florida attorney regarding any applicable state laws for non-profits, I'd guess that your situation is basically a straightforward contract matter. If the provisions of the... View More

1 Answer | Asked in Employment Law and Agricultural Law for California on
Q: I work for foster farms and they are discrimination and negligence on there behalf along with the duress.

I had a home invasion on the Their property a year ago dec 11. And it was due an ex employee. on jan 12 they forced me step down and are forcing me to move in 30 days... Along with I was not informed I would be moving and working with a sex offender. Considering the trama I went through when I... View More

James L. Arrasmith
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answered on Jan 14, 2024

Under California law, your situation involves several serious issues, including workplace discrimination, negligence, and potential safety concerns. Firstly, California's Fair Employment and Housing Act (FEHA) prohibits discrimination in employment based on race, sex, and other protected... View More

1 Answer | Asked in Tax Law, Agricultural Law, Arbitration / Mediation Law and Business Law for New Mexico on
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?

A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?

James L. Arrasmith
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answered on Dec 1, 2023

The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock.... View More

Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

Charles M.  Baron
Charles M. Baron
answered on Nov 24, 2023

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

1 Answer | Asked in Criminal Law, Agricultural Law, Animal / Dog Law and Environmental for Maryland on
Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?

They came and knocked on my door but i didn't answer. I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey. But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I... View More

Scott Scherr
Scott Scherr
answered on Nov 2, 2023

They cannot raid your house unless they get a warrant.

1 Answer | Asked in Gov & Administrative Law and Agricultural Law for Florida on
Q: Can Miami dade county require a nursery registered with the state to get a certificate of use through Miami dade county?

Nursery is on agriculture land and AU zoning

Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2023

I'm guessing that, by "registered with the state", you mean registering the nursery with the Fla. Dept. of Agriculture and Consumer Services pursuant to Fla. Statutes Section 581.131. The purposes of State regulation/inspection of nurseries are different than the purposes of County... View More

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