Agricultural Law Questions & Answers by State

Agricultural Law Questions & Answers

Q: Why is federal law supreme to state law in land matters?

1 Answer | Asked in Agricultural Law for North Dakota on
Answered on Aug 7, 2018
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...

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

1 Answer | Asked in Car Accidents and Agricultural Law for Texas on
Answered on Jul 18, 2018
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.

Q: Several years ago a petroleum company removed a pump that was partially on my father's land. Can we still seek damage

1 Answer | Asked in Agricultural Law and Energy, Oil and Gas for Texas on
Answered on Jul 16, 2018
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...

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

2 Answers | Asked in Agricultural Law and Family Law for Georgia on
Answered on Jul 10, 2018
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.

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
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.

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
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.

Q: Our farm has a greenbelt but the barn is permitted ag exempt for personal use only. Can we use it for public agritourism

1 Answer | Asked in Agricultural Law for Florida on
Answered on May 25, 2018
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?

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
Richard Winblad's answer
No to both questions but this can be done to protect the lessee.

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
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.

Q: Why aren't there any federal laws that protect all animals?

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Wisconsin on
Answered on Feb 28, 2018
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...

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
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.

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
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.

Q: Am I liable for all injuries that occur on my land?

1 Answer | Asked in Agricultural Law for Oklahoma on
Answered on Dec 31, 2017
Richard Winblad's answer
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
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...

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
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!

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
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,

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
Paul J. Riviere's answer
No. Only wine. With the the necessary license.

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
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...

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
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.

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