Agricultural Law Questions & Answers by State

Agricultural Law Questions & Answers

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.
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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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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
Alexander I. Passo's answer
Is there a written agreement between you and the prior landlord?
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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.
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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.
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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.
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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...
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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,
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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.
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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...
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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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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
Peter Munsing's answer
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
Stephen Douglas Lombardi's answer
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
Louis George Fazzi's answer
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
Mr. James Charles Wright's answer
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
Richard Sternberg's answer
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
William Head's answer
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
Tristan Kenyon Schultz's answer
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
William Head's answer
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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