Agricultural Law Questions & Answers by State

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Agricultural Law Questions & Answers

Q: Do you help low income homeowners with civil suits?

1 Answer | Asked in Agricultural Law, Business Law and Civil Litigation for Massachusetts on
Answered on Feb 27, 2017

More facts are needed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
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Q: One of the parties joining our LLC appears to have secured an FSA loan with LLC crops and acreage. Is this legal?

2 Answers | Asked in Business Law and Agricultural Law for New York on
Answered on Jan 23, 2017

You are right to be worried since based on the facts you've given it does appear that a violation of the terms of the loan took place at best and it may be fraud at worst. All of this can affect the LLC if a lawsuit is filed or if property owned by the LLC becomes the subject of the litigation. Some of the actions that the LLC can take would be to suspend the member who took out the loan using the LLC's assets as collateral and demand that he produce all records concerning the loans so that...
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Q: Can I legally force my mother to get rid of her horses?

1 Answer | Asked in Agricultural Law, Animal / Dog Law and Civil Litigation for Florida on
Answered on Nov 18, 2016

No, unless you can persuade a court that she is mentally incompetent, you cannot second-guess her financial decisions. You indicate that you are "having" to pay her bills. Actually that is not correct. Legally, you have no obligation to pay her bills.
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Q: I own multiple shares of Weyerhaeuser REIT. Could I be arrested for trespassing or do I have a right to access the land?

1 Answer | Asked in Land Use & Zoning, Criminal Law, Real Estate Law and Agricultural Law for Oregon on
Answered on Oct 19, 2016

Owning shares of a real estate investment trust doesn't necessarily mean you own a particular parcel of land. (For example, if you owned 2000 share of Coca Cola stock you couldn't walk into their head quarters and demand to read the secret formula for Coca Cola.) You should have the right to inspect the trust holdings however. Why don't you just contact the administrators of the trust and ask them if you can have access? If you run into problems then contact an attorney.
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Q: We have people who farm our land, no contract just a verbal agreement. Can they come and destroy a wooded area we have?

1 Answer | Asked in Agricultural Law, Contracts and Real Estate Law for Illinois on
Answered on Oct 14, 2016

Generally, the answer is no, they cannot destroy a wooded area that is on your property. However, in order to know for certain, one must review specific facts surrounding the situation. I would recommend taking pictures, and organizing all information relevant to this situation, and consulting with an attorney individually. A knowledgeable attorney will review the details, and will advise you as to your options moving forward.
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Q: WHAT ACTS WOULD CAUSE LEGAL ACTION UNDER AGRICULTURE ACTS

1 Answer | Asked in Agricultural Law for Florida on
Answered on Aug 8, 2015

Read it and find out.

Q: How do I file a PACA formal complaint?

1 Answer | Asked in Agricultural Law for Florida on
Answered on Aug 7, 2015

What does PACA stand for?

Q: Has it ever been illegal to grow wheat in florida?

1 Answer | Asked in Agricultural Law for Florida on
Answered on Aug 4, 2015

I doubt it, and what would you do with a yes or no answer, anyway?

Q: What is the law in reference to trees or bushes hanging over property line, fifteen feet high?

1 Answer | Asked in Agricultural Law for Florida on
Answered on Apr 1, 2015

Cases vary depending upon the facts of the case and the ability of the parties to a case to resolve the specific issues established in the pleadings of the case. Mediation is mandatory, usually, and a complete settlement can be reached in a vast majority of cases filed. In order to know the law on this particular subject most attorneys would have to do extensive research. I have never done research on this particular issue, over the course of 30 years of practicing law in Florida. One thing...

Q: If someone damages a farmers pasture is that considered vandalism?

1 Answer | Asked in Agricultural Law for Ohio on
Answered on Mar 30, 2015

Such a person could face charges for vandalism, criminal damage, criminal trespassing, criminal mischief, and potentially breaking and entering or even burglary depending upon the exact circumstances, whether any structure was entered, and the amount of damage done or intended.

Q: FSA is refusing to endorse a check for crop sale unless it goes into supervised acct. Holding income hostage.

1 Answer | Asked in Agricultural Law for Oklahoma on
Answered on Dec 23, 2013

First, read your loan agreement and the security agreement and any other contracts you have with FSA or any other parties that might be involved, such as the party that wrote the check. If you are still certain they have no right require you to run funds through a supervised account, then you should consult with an attorney who will ask you more detailed questions.

Q: SC fence has been on property for 25 yrs/ person who owns land behind says I'm 3 feet on his property must I remove ?

1 Answer | Asked in Agricultural Law for South Carolina on
Answered on Jan 9, 2013

You may have prescriptive easement over the three feet which will allow you to continue to use that area as before. If you paid property taxes on this three foot strip of land you may also have ownership of it based on the law of adverse possession. You should carefully review your property tax records.

For more on easement law visit http://www.kassounilaw.com/real-estate-law/easement-law/, or just give me a call.

Q: My neighbors tree limbs are falling all over my yard and hanging over my roof am I responsible for trimming the limbs?

1 Answer | Asked in Agricultural Law for Florida on
Answered on Nov 14, 2012

Make a claim to her insurance company for the damages.

Q: Question: Corporation installed an 18 inch under ground steel pipe across my farm without permission to transfer h20

2 Answers | Asked in Agricultural Law for Colorado on
Answered on Aug 1, 2011

It depends on what your neighbor's written document provides and whether you consented to the installation. In almost all cases, the corporation must obtain a written easement to install a pipe across your property to convey water. The uses of the pipeline will be strictly limited to what is provided in the easement. Since this provides your neighbor with a pretty big benefit, it may be worth looking into this further or hiring an attorney. But given that the pipeline was installed 2.5 years...

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