Agricultural Law Questions & Answers by State

Agricultural Law Questions & Answers

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

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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Q: I hit a cow on a rural roadway. Who pays for the damage's

1 Answer | Asked in Agricultural Law, Animal / Dog Law and Car Accidents for Pennsylvania on
Answered on Oct 25, 2017

Assuming you couldn't avoid it the owner of the cow is responsible for your damages and any injuries. If no injuries, and you have collision, run it through your company and they can go after the farmer.
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Q: Iowa rescue shelter is threatening to file a claim for breach of contract. What are my rights?

1 Answer | Asked in Contracts, Agricultural Law and Animal / Dog Law for Iowa on
Answered on Oct 25, 2017

It is improper and may even be a crime for someone to threaten to have someone put in jail over a disputed civil matter, such as an unpaid bill. In Polk County we refer to that as extortion. The contract you signed is what governs who should pay for what and when.
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Q: Does law enforcement have legal right to force you to abandon your pets in case of emergency? During rescue?

1 Answer | Asked in Agricultural Law, Animal / Dog Law and Civil Rights for California on
Answered on Sep 6, 2017

Depending on the circumstances, police authorities can compel you to leave your property promptly, even if it causes you to abandon your pet(s). It all depends on the nature of the emergency.
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Q: If we allowed friends to keep an animal on a field we lease providing they cared for their animal and they did not

1 Answer | Asked in Animal / Dog Law, Contracts and Agricultural Law for Tennessee on
Answered on Sep 4, 2017

Sounds like you did a good deed and allowed a friend to leave their animal with you. I am hoping by this time the friend has picked up their animal. If not, I would notify them that if they have not picked up the animal by a time certain you will be charging at so much a day. This will likely encourage them to pick up their animal.
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Q: Which section of law would deal with this sort of thing.

1 Answer | Asked in Agricultural Law, Business Law, International Law and Consumer Law on
Answered on Aug 25, 2017

Neither. Tort law and Consumer Protection Law and FDA laws.
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Q: I am starting a mobile bbq business. Can I prepare food at my home in a separate room set up for food preparation .

1 Answer | Asked in Products Liability, Agricultural Law and Business Law for Georgia on
Answered on Aug 21, 2017

So long as the kitchen is approved by the State. All regs should be available. Find out this cost, and requirements. Important.
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Q: I was on vacation and my neighbor trimmed my tree because it was over her fence. And now it looks like crap. Any advice?

1 Answer | Asked in Real Estate Law and Agricultural Law for Colorado on
Answered on Aug 17, 2017

The neighbor is within her property rights to trim any growth that extends into her property. The neighbor is responsible for the removal/disposal of the cut branches.
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Q: I have red under glow in my truck for use as I patrol my fence line at night as not to disturb wildlife and neighbors.

1 Answer | Asked in Traffic Tickets, Agricultural Law, Civil Litigation and Civil Rights for Georgia on
Answered on Aug 16, 2017

The Legislature can pass any law that is "reasonably connected" to the good of the public or public safety. Use of colored lighting on vehicles that can be confused by members of the driving public as police emergency lights.

That being said, you may have an "as applied" constitutional law challenge, if your vehicle was never observed on a public highway or right of way. That would cost several thousand dollars, for an appellate attorney to pursue.

Cheapest solution is to change...
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Q: Can my husband get a huge check after getting struck by lightning?

1 Answer | Asked in Personal Injury, Agricultural Law, Employment Discrimination and Workers' Compensation for Florida on
Answered on Jul 18, 2017

Contact a member of the Fla Justice Assn that handles comp--they give free consults. Your husband needs to find out when he can go to a doctor of his own choosing. Generally that's all your husband will get.
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Q: our yard has a layer of asbestos siding buried about 3ft down. Should that have been disclosed when we purchased it?

1 Answer | Asked in Real Estate Law and Agricultural Law for Oklahoma on
Answered on Jul 14, 2017

According to the Oklahoma Real Estate Commission, the seller must priorly disclose the presence of any hazardous materials that they know of on the property, including asbestos. However, the seller is exempted from legal consequences if they were not aware of the existence of such materials on the property. Considering the place where you found the asbestos siding, chances are that the previous owner did not have any knowledge of its presence either. I suggest you contact them or the real...
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Q: My friend and I are 14. There is a field behind her house. Is it trespassing if we didn't know someone owned it then?

1 Answer | Asked in Agricultural Law, Environmental, Juvenile Law and Real Estate Law for Ohio on
Answered on Jul 10, 2017

Every square inch is owned by somebody. It is trespassing whether you know who owns it or not. Don't go where you don't have permission. It is especially dangerous to go in a field with cows or other animals. And don't go in a field with a single cow. It could be a bull, and they are aggressive and could chase you down and hurt or kill you. You cannot outrun a bull.
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Q: Can our neighbor be "forced" to maintain their berry bushes, so that they don't grow over the fence into our yard?

1 Answer | Asked in Real Estate Law and Agricultural Law for California on
Answered on Jun 27, 2017

You can claim trespass if their bushes are over the property line. If they don't respond to written requests from an attorney, litigation may be required. 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, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: Can I get a license to grow and harvest marijuana on my farm in Nebraska?

1 Answer | Asked in Criminal Law, Agricultural Law, Environmental and Land Use & Zoning for California on
Answered on Jun 1, 2017

Contact a Nebraska lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Does my next-door neighbor have an obligation to prevent Japanese knotweed on his property encroaching on mine

3 Answers | Asked in Real Estate Law and Agricultural Law for New York on
Answered on May 15, 2017

Build a wall and make him pay for it! J/K In all seriousness, its a complicated question of private nuisance and damages. You should notify him of the issue and try to reach a reasonable solution.
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Q: I'm a hobbyist woodworker, what are the rules in place for collecting fallen trees in Oregon?

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Environmental for Oregon on
Answered on May 10, 2017

Hello. For information about personal firewood collection in Oregon forests you can access this link:

http://bit.ly/2qqCEt7
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Q: I want sole custody of my son what are my chances

1 Answer | Asked in Divorce, Family Law and Agricultural Law for Ohio on
Answered on Apr 18, 2017

As an unmarried mother of the child, you have sole custody, and can make all decisions on if and when the father can see the child. So you get to define the terms of any involvement by the father with the child, or to totally exclude all contact. If you want to refuse to let the father see the child, you can do that. The father has no parental rights unless and until he proves paternity and has parental rights granted by the juvenile court. If he goes to court for that, he also will have to...
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Q: I want sole custody of my child he lives with me he is almost 2 and I take care of him in every way I am unwed

1 Answer | Asked in Divorce, Family Law and Agricultural Law for Ohio on
Answered on Apr 17, 2017

As an unmarried mother of the child, you have sole custody, and can make all decisions on if and when the father can see the child. So you get to define the terms of any involvement by the father with the child, or to totally exclude all contact. If you want to refuse to let the father see the child, you can do that. The father has no parental rights unless and until he proves paternity and has parental rights granted by the juvenile court. If he goes to court for that, he also will have to...
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Q: Is it legal to sell CBD oil online or in the state of PA?

1 Answer | Asked in Business Law, Products Liability, Agricultural Law and Criminal Law for Pennsylvania on
Answered on Mar 29, 2017

Not unless you are licensed to sell it as a medicinal product which is unusual as they haven't set up licensing yet. Even then, it's possible that US could prosecute you. You could expect visits from the FBI. You really need to get with an attorney before doing anything like this. Use that attorney at each step of the way. Guess wrong and you could be on a traficking charge. State AND federal even!
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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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