Agricultural Law Questions & Answers by State
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Agricultural Law Questions & Answers
Q: Why is federal law supreme to state law in land matters?
Stefan Dunkelgrun's answer
Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land patent.
There are a lot of conspiracy theories and falsehoods surrounding land patents. A land patent is the original transfer of land from the government to the initial owner. Any patent that...
Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land patent.
There are a lot of conspiracy theories and falsehoods surrounding land patents. A land patent is the original transfer of land from the government to the initial owner. Any patent that...
Q: I live in Texas I struck a cow on a county road they took me to jail for damage to to my own vehicle
Peter Munsing's answer
If you left the scene technically they have an argument, but you have a claim for your injuries and damage to your vehicle--I've had several and have won them. Contact a member of the Texas Trial Laweyrs Assn for the County where it happened--they give free consults.
If you left the scene technically they have an argument, but you have a claim for your injuries and damage to your vehicle--I've had several and have won them. Contact a member of the Texas Trial Laweyrs Assn for the County where it happened--they give free consults.
Q: Several years ago a petroleum company removed a pump that was partially on my father's land. Can we still seek damage
Aimee Hess' answer
I assume you are asking whether you can recover damages to the land? Whether or not you can depends on a number of factors, such as how long ago the damage occurred, what kind of damage it is and the terms of any agreements between your father and the oil company. It is important to have an oil and gas attorney review these and other factors with you to determine if your father can assert a claim for damages. Be aware that there are statutes of limitations that prohibit bringing a claim after a...
I assume you are asking whether you can recover damages to the land? Whether or not you can depends on a number of factors, such as how long ago the damage occurred, what kind of damage it is and the terms of any agreements between your father and the oil company. It is important to have an oil and gas attorney review these and other factors with you to determine if your father can assert a claim for damages. Be aware that there are statutes of limitations that prohibit bringing a claim after a...
Q: Does GA have a abatement law my wife left a year nd a half ago does she still have league rights to the home
Regina Irene Edwards' answer
The home is still marital property. She still has rights and can move back home any time. If you want to prevent that, you need to file for divorce and ask for exclusive possession of the home.
The home is still marital property. She still has rights and can move back home any time. If you want to prevent that, you need to file for divorce and ask for exclusive possession of the home.
Q: Where does the liability rest should a farm tractor be involved in a motor vehicle accident?
2 Answers
| Asked
in
Car Accidents, Personal Injury and Agricultural Law
for
Louisiana
on
Answered on Jun 28, 2018
Answered on Jun 28, 2018
Ellen Cronin Badeaux's answer
Answer depends on who got the ticket and what were the circumstances. But I'm guessing the tractor not licensed so probably liability lies with the tractor.
Answer depends on who got the ticket and what were the circumstances. But I'm guessing the tractor not licensed so probably liability lies with the tractor.
Q: I am pro se in an arbitration case and need to find a service for performing legal research. Any suggestions?
1 Answer
| Asked
in
Agricultural Law, Arbitration / Mediation Law and Land Use & Zoning
for
Maryland
on
Answered on May 26, 2018
Answered on May 26, 2018
Salim U. Shaikh's answer
Some specific details were found missing e.g. who nominated arbitrators? which of the two entities are in arbitration? what core issues are supposed to be settled by arbitration? why dispute did arise : due to lack of clarities in terms of reference, or dispute etc. whether award will be binding on both parties? etc. etc. Elaboration required.
Some specific details were found missing e.g. who nominated arbitrators? which of the two entities are in arbitration? what core issues are supposed to be settled by arbitration? why dispute did arise : due to lack of clarities in terms of reference, or dispute etc. whether award will be binding on both parties? etc. etc. Elaboration required.
Q: Our farm has a greenbelt but the barn is permitted ag exempt for personal use only. Can we use it for public agritourism
Terrence H Thorgaard's answer
Florida Statute 570.85 Agritourism.— provides that:
"... Except as otherwise provided for in this section, and notwithstanding any other provision of law, a local government may not adopt or enforce a local ordinance, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an agritourism activity on land classified as agricultural land under s. 193.461. ...". Is you land so classified?
Florida Statute 570.85 Agritourism.— provides that:
"... Except as otherwise provided for in this section, and notwithstanding any other provision of law, a local government may not adopt or enforce a local ordinance, regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an agritourism activity on land classified as agricultural land under s. 193.461. ...". Is you land so classified?
Q: Jurisdiction: Oklahoma (1) Does a grazing lease need to be notarized and (2) Does a grazing lease need to be filed?
1 Answer
| Asked
in
Contracts, Real Estate Law and Agricultural Law
for
Oklahoma
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Q: My dog was hit and kill in front of me the lady took off what laws are there for her to get ticket and me compinsated
1 Answer
| Asked
in
Traffic Tickets, Agricultural Law, Animal / Dog Law and Civil Litigation
for
Texas
on
Answered on Mar 28, 2018
Answered on Mar 28, 2018
Grant St Julian III's answer
You will have to contact an attorney in Colorado. The laws of that state will govern this matter, since that is where the incident occurred.
You will have to contact an attorney in Colorado. The laws of that state will govern this matter, since that is where the incident occurred.
Q: Why aren't there any federal laws that protect all animals?
Emmanuel Muwonge's answer
The Act you took issue with was not intended to regulate how animals are used for research purposes, but only to set standards for how they are obtained and maintained at a facility
APHIS's Animal Care (AC) program oversees the AWA, which includes about 10,300 facilities. These AC officials make unannounced facility inspections to ensure they are in compliance with regulations, and to identify unregistered facilities. If you are interested in the enforcement of standards governing how...
The Act you took issue with was not intended to regulate how animals are used for research purposes, but only to set standards for how they are obtained and maintained at a facility
APHIS's Animal Care (AC) program oversees the AWA, which includes about 10,300 facilities. These AC officials make unannounced facility inspections to ensure they are in compliance with regulations, and to identify unregistered facilities. If you are interested in the enforcement of standards governing how...
Q: landlord "traded" property with his brother in law and the new landlord is telling us we have to remove our livestock
1 Answer
| Asked
in
Agricultural Law, Civil Litigation, Contracts and Landlord - Tenant
for
Indiana
on
Answered on Feb 18, 2018
Answered on Feb 18, 2018
Q: I received a handgun as a gift, I'm 19 years old and live in Florida. Can I have it in my car?
1 Answer
| Asked
in
Criminal Law, Agricultural Law, Constitutional Law and Securities Law
for
Florida
on
Answered on Jan 19, 2018
Answered on Jan 19, 2018
Terrence H Thorgaard's answer
Yes, you can possess it and, as I advised you yesterday, you can have it in your car if it is "securely encased or is otherwise not readily accessible for immediate use". If it's in an unlocked glove box, it is arguably readily accessible for immediate use.
Also, as a former firearms safety instructor, I would suggest that it's safer to not have a round in the chamber of a semi-automatic handgun until you are ready to use it.
Yes, you can possess it and, as I advised you yesterday, you can have it in your car if it is "securely encased or is otherwise not readily accessible for immediate use". If it's in an unlocked glove box, it is arguably readily accessible for immediate use.
Also, as a former firearms safety instructor, I would suggest that it's safer to not have a round in the chamber of a semi-automatic handgun until you are ready to use it.
Q: How do we look up the code section we got a ticket for? The code on the ticket is CO-B31-3A-I (infraction) stray sheep
3 Answers
| Asked
in
Traffic Tickets, Agricultural Law and Animal / Dog Law
for
California
on
Answered on Jan 9, 2018
Answered on Jan 9, 2018
William John Light's answer
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAC§ionNum=16902.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=3.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=4.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAC§ionNum=16902.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=3.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=4.
Q: Am I liable for all injuries that occur on my land?
Richard Winblad's answer
Sorry, your question does not provide enough information to provide an answer. It all depends upon the facts.
Sorry, your question does not provide enough information to provide an answer. It all depends upon the facts.
Q: If your work Comp attorney wants to terminate your relationship what do I file to release him from collecting leins
1 Answer
| Asked
in
Employment Law, Sexual Harassment, Workers' Compensation and Agricultural Law
for
California
on
Answered on Dec 27, 2017
Answered on Dec 27, 2017
Nancy J. Wallace's answer
You may (1) Sign a Notice of Dismissal of Attorney, then (2) speak with or write to the defense attorney freely. You can request an 'accounting' but there is nothing in the Labor Code requiring the defense attorney provide you with anything. YOU ARE entitled to an attorney who can explain how she/he arrived at the sum proposed for a settlement, what would happen if you rejected the settlement and obtained a rateable medical-legal from the Primary Treating PHysician, what would likely occur...
You may (1) Sign a Notice of Dismissal of Attorney, then (2) speak with or write to the defense attorney freely. You can request an 'accounting' but there is nothing in the Labor Code requiring the defense attorney provide you with anything. YOU ARE entitled to an attorney who can explain how she/he arrived at the sum proposed for a settlement, what would happen if you rejected the settlement and obtained a rateable medical-legal from the Primary Treating PHysician, what would likely occur...
Q: I was notified via email that I am being sued. I haven't been served yet. Does the email count as being served?
1 Answer
| Asked
in
Contracts, Agricultural Law and Business Law
for
North Dakota
on
Answered on Dec 18, 2017
Answered on Dec 18, 2017
Nicholas Nelson's answer
There are certain ways that service must be made in North Dakota, outlined in North Dakota Rules of Civil Procedure Rule 5. Good luck!
There are certain ways that service must be made in North Dakota, outlined in North Dakota Rules of Civil Procedure Rule 5. Good luck!
Q: Hello , my apartment has mold that is not elevated,but I get terrible hives when I'm there. Do I need to disclose result
1 Answer
| Asked
in
Real Estate Law, Agricultural Law and Landlord - Tenant
for
Florida
on
Answered on Nov 27, 2017
Answered on Nov 27, 2017
Andy Wayne Williamson's answer
Best advice is that you need to consult with a tenant attorney ASAP. There is a way to get out of a lease, but you must follow the proper steps and set it up correctly. You need hands on legal advice not a blurb from this site.
Good luck,
Best advice is that you need to consult with a tenant attorney ASAP. There is a way to get out of a lease, but you must follow the proper steps and set it up correctly. You need hands on legal advice not a blurb from this site.
Good luck,
Q: Can a Brewpub in NJ sell beer online?
2 Answers
| Asked
in
Business Law, Agricultural Law and Gov & Administrative Law
for
New Jersey
on
Answered on Nov 20, 2017
Answered on Nov 20, 2017
Q: Can a NJ establishment that holds a plenary retail consumption license and restricted brewery license ship to consumers?
1 Answer
| Asked
in
Business Law, Gov & Administrative Law and Agricultural Law
for
New Jersey
on
Answered on Nov 20, 2017
Answered on Nov 20, 2017
Paul J. Riviere's answer
Plenary Retail Consumption License ("33")?
This license permits the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open container. The license also allows the sale of package goods for consumption off the licensed premises. These sales of package goods, however, may only take place from the principal public barroom, and the package goods may only be displayed for sale on the premises' perimeter walls or behind the bar, unless a floor plan was...
Plenary Retail Consumption License ("33")?
This license permits the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open container. The license also allows the sale of package goods for consumption off the licensed premises. These sales of package goods, however, may only take place from the principal public barroom, and the package goods may only be displayed for sale on the premises' perimeter walls or behind the bar, unless a floor plan was...
Q: Hi I had a person to come and pick up a bull from my farm he kept saying he would
2 Answers
| Asked
in
Wrongful Death, Agricultural Law and Animal / Dog Law
for
West Virginia
on
Answered on Nov 2, 2017
Answered on Nov 2, 2017
D. Michael Burke Esq's answer
It does not appear that the "bull collector" did anything cause the bull to die, so I do not see how he could be responsible for any damages for the bull's death.
It does not appear that the "bull collector" did anything cause the bull to die, so I do not see how he could be responsible for any damages for the bull's death.
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