Agricultural Law Questions & Answers by State

Agricultural Law Questions & Answers

Q: Who is responsible if you hit a cow on a oklahoma highway

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Oklahoma on
Answered on Apr 9, 2019
Kyle Persaud's answer
It depends on the precise facts of the situation.

Q: Where would I find a law describing how I would get a permit to build a green way and other trails in my community?

1 Answer | Asked in Agricultural Law, Construction Law and Environmental for Tennessee on
Answered on Mar 25, 2019
Timur Akpinar's answer
A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.

Tim Akpinar

Q: Property in my family for over 60 years. neighbor had survey done. now says 11 of our acres is his. what to do?

2 Answers | Asked in Real Estate Law and Agricultural Law for Missouri on
Answered on Mar 24, 2019
Jennifer Sheila Kornblum's answer
You should get your own survey done, based on the deed on file in your family's name at the Recorders office.

Q: Clerk sent my court mail to the wrong side of the country? Utah, aware I live in KY where I was served?

1 Answer | Asked in Criminal Law, Agricultural Law, Federal Crimes and Small Claims for Kentucky on
Answered on Mar 18, 2019
Timothy Denison's answer
Make a motion to set the judgment aside and show the judge all the erroneous addresses in your file.

Q: I have a tractor service I brush hog along the side of roads .and build driveways what color of flashing lights can I ha

1 Answer | Asked in Products Liability and Agricultural Law for Oklahoma on
Answered on Mar 16, 2019
Kyle Persaud's answer
To see the rules for what color your lights have to be, click here:

https://www.govinfo.gov/content/pkg/CFR-2018-title49-vol6/pdf/CFR-2018-title49-vol6-sec571-108.pdf

Scroll down to page 434. Beginning on page 434, you see a series of tables that tell the color that lights have to be.

Q: Agricultural aerial sprayer of sodium chloride on my private property

1 Answer | Asked in Agricultural Law for Missouri on
Answered on Mar 14, 2019
Ronald J. Eisenberg's answer
I believe your claim would be a tort claim for negligence or trespass rather than a claim under a statute. Small claims court is designed for people to represent themselves. You would file your petition, seek the damages you believe you deserve, and at trial you'd have the burden to prove up your damages.

Q: is it legal to buy CBD (Hemp) oil THC FREE online and have it shipped to my home if I live in Georgia?

1 Answer | Asked in Criminal Law, DUI / DWI, Agricultural Law and Environmental for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
The Georgia House just approved a bill that would allow medical marijuana oil to be sold to registered patients, giving them a legal way to obtain a drug that they’re already allowed to use.

https://www.ajc.com/news/state--regional-govt--politics/medical-marijuana-dispensaries-bill-passes-georgia-house/TiRIqJOF7ogWvhe8sK0JaO/

Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.

1 Answer | Asked in Agricultural Law, Civil Litigation, Environmental and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: I have a guy who will not move his horses out of a pasture I lease. He has never paid board or bought feed.

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Oklahoma on
Answered on Dec 17, 2018
Richard Winblad's answer
4 OK Stat § 4-191 (2017)

Any person employed in feeding, grazing or herding any domestic animals, whether in pasture or otherwise, shall have a lien on said animals for the amount due for such feeding, grazing or herding.

The statutes provide for a means to foreclose that lien. Also be aware of:

Title 21. Crimes and Punishments

Chapter 67 - Injuries to Animals

Animal Facilities Protection Act

Section 1685 - Acts of Cruelty to Animals...

Q: I hit a cow on hwy281north at nighttime my car was totalled what is the animals owners liability?

1 Answer | Asked in Personal Injury, Agricultural Law and Car Accidents for Colorado on
Answered on Oct 11, 2018
Peter N. Munsing's answer
I've been successful in getting compensation from the owner's insurance. If you have collision let your company handle it and go after the owner. If you were injured, then contact a member of the Colo. Assn for Justice. They give free consults.

Q: Hit a pig on a state highway. What can I do about my car damage? Livestock owner said the 2 pigs escaped fence.

1 Answer | Asked in Car Accidents, Personal Injury, Agricultural Law and Animal / Dog Law for Oklahoma on
Answered on Sep 4, 2018
Peter N. Munsing's answer
Get an estimate and have it paid for by farmer or his insurance. Or if you have collision run it through yours and they can,,,,, call farmers (as it were)(sorry).

If you were injured, contact a member of the Oklahoma Assn for Justice--they give free consults.

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

1 Answer | Asked in Agricultural Law and Real Estate 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 N. 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: 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: 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...

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