Get free answers to your Agricultural Law legal questions from lawyers in your area.
I was involved in a 7-car pileup in which my car will probably be totaled. The crash was due to farmers burning fields, causing severe visibility issues with no prior warnings or signage. A police report is available, and there was a significant injury to another person involved. I have not... View More 
answered on Apr 17, 2025
If you were not injured, what would you sue for? Anyone who was injured will bring a claim against the car that struck them. Individuals like yourself who were not injured but who sustained significant property damage will also bring claims against the drivers who struck them. All drivers are... View More
I was involved in a 7-car pileup in which my car will probably be totaled. The crash was due to farmers burning fields, causing severe visibility issues with no prior warnings or signage. A police report is available, and there was a significant injury to another person involved. I have not... View More
answered on Apr 17, 2025
In Reece v. Tyson Fresh Meats, Inc., 173 N.E.3d 1031 (Ind. 2021), the Indiana Supreme Court adopted the following rule: landowners owe a duty to passing motorists on adjacent highways not to create hazardous conditions that visit themselves upon the roadway; but when a land use or condition that... View More
I live in Eastern Oregon on a small acreage outside of city limits with irrigation water rights. Since last fall, my neighbor, who owns a 40-acre parcel and usually grows alfalfa, has adjusted his wheel line to water several feet over onto my property, damaging the back of my shop, my fence,... View More
answered on Apr 15, 2025
It sounds like you have a case of trespassing water on your land. You will need to get estimates of what it costs to fix the problem and to prevent further damage. You may need injunctive relief if there is no way a contractor can remedy the situation. Also you will need your contractor to serve... View More
I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More
answered on Mar 7, 2025
While statutorily an inheritance is not subject to division in a divorce, there are a million exceptions to that can apply and this is where you need to sit down with an experienced family law attorney to examine the history of this property, any improvements, pay down of any mortgage obligations,... View More
I inherited a farm from my grandmother about 50 years ago, and the farm is solely in my name. I have been married to my spouse for 43 years, and we live on the property together. Occasionally, we rent out one of the two houses on the property. There have been no loans or prenuptial agreements... View More
answered on Mar 7, 2025
A lot depends on how long you have had it and whether you used marital assets to sustain the property or used estate assets. A judge will also look at the fact that the spouse did live on the property. I suggest you setup an in person consultation with a lawyer to determine what is most likely to... View More
One asset is a horse trail riding operation which has been run on the ranch for 5 decades. The recent HOA board of directors has placed a moratorium on trail rides contending an equine liability / injury lawsuit judgment could be collectively enforced against all the residents of the ranch. The... View More
answered on Dec 26, 2024
Ordinarily, to the extent any judgment isn't covered by insurance, it would be satisfied from assets of the HOA. If an HOA does not have the funds to cover a debt or judgment, the HOA typically would then make a special assessment against its members to pay the debt or judgment.
Mind... View More
answered on Nov 22, 2024
If I correctly understand what you are asking, you want to know the taxes applicable to the sale of property in Illinois. You would have to ask the authorities in the area of Illinois where the farm is located. For federal income tax (capital gains), of any, that would depend upon your specific... View More
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answered on May 3, 2024
There are restrictions on shipping yeast nutrient products to California due to state regulations. The primary reason is that California has stricter environmental and health safety laws compared to many other states.
Yeast nutrients often contain ammonium salts like diammonium phosphate... View More
the exemption? The farms have been, and still are family farms now operated by my son. What kind of a trust would it have to be? Thank you
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answered on Mar 11, 2024
As a Minnesota resident, you can use trusts to help manage your estate and potentially reduce your estate tax liability. However, the specific type of trust and its effectiveness in reducing estate taxes will depend on various factors, such as the value of your estate, the nature of your assets,... View More
2,000,000 exemption? Thank you
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answered on Mar 11, 2024
In Minnesota, the estate tax exemption for qualified farm property is $2,000,000, in addition to the standard estate tax exemption. However, to qualify for the farm property exemption, the property must meet certain criteria:
1. The property must be classified as agricultural land in... View More
answered on Feb 26, 2024
A Maryland attorney could advise best, but your question remains open for a week. The type of case you describe can be complex because such cases sometimes involve multiple parties in potential third party actions - you could reach out to law firms to try to set up a free initial consult. That... View More
A FL nonprofit org hosted a music festival April 2023. It was cancelled due to inclement weather, with promise of refund. There has been avoidant and lack of communication on the process. In June 2023 they said they are waiting on their insurance claims to process to disburse refunds, but in... View More
answered on Feb 10, 2024
A Florida attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Florida attorney regarding any applicable state laws for non-profits, I'd guess that your situation is basically a straightforward contract matter. If the provisions of the... View More
I had a home invasion on the Their property a year ago dec 11. And it was due an ex employee. on jan 12 they forced me step down and are forcing me to move in 30 days... Along with I was not informed I would be moving and working with a sex offender. Considering the trama I went through when I... View More
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answered on Jan 14, 2024
Under California law, your situation involves several serious issues, including workplace discrimination, negligence, and potential safety concerns. Firstly, California's Fair Employment and Housing Act (FEHA) prohibits discrimination in employment based on race, sex, and other protected... View More
A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?
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answered on Dec 1, 2023
The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock.... View More
I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.
answered on Nov 24, 2023
For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More
My corporation is facing financial difficulties, and I'm concerned about protecting my farm, which is currently owned by the corporation. There are no liens on the farm, and I haven't received any legal notices yet. I am considering transferring the farm into a revocable trust for my... View More
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answered on Apr 20, 2025
The timing of any transfer is critical when considering protection of your farm from corporate creditors. Many states have a 4-year statute of limitations for fraudulent transfer claims, though California's lookback period can extend up to 7 years depending on circumstances. This timing factor... View More
I have 20 acres of forest land with mineral rights in Nevada County, California, near Lake Tahoe. This land has been in my family for over 70 years, and there has been no mining activity during that time. I have not received any documentation or communication regarding the mineral rights. Do I... View More
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answered on Apr 20, 2025
Hire a CA attorney to search the title, probably back for over a hundred years or to a land grant.
I am inquiring whether the open fields doctrine applies to OSHA inspectors in regards to conducting warrantless searches on farming property. This inquiry focuses on areas that do not include structures within the open field.
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answered on Apr 16, 2025
You likely feel uneasy about federal inspectors roaming your fields without permission, but the open fields doctrine doesn’t let OSHA bypass its own warrant or consent requirements. That doctrine applies to criminal searches by law enforcement under the Fourth Amendment, not to administrative... View More
I am 16, turning 17 in April, and currently living with my grandparents in Georgia. I work for them on their farm and plan to continue doing so for my independence. My grandparents consent to my emancipation because my mom wants me to live with her, but I prefer to stay with my grandparents. What... View More
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answered on Apr 13, 2025
In Georgia, you can petition for emancipation if you're at least 16 years old and can prove that you can support yourself financially and live independently. Since your grandparents consent to your emancipation and you already have a job on their farm, you’re in a good position to... View More
I own a farm, and a sewer line runs through my property. My neighbor wants to sell their adjacent land to a developer, but I would like to purchase the land myself. There are no existing easements or legal agreements regarding access to the sewer, and my neighbor expects a higher price than I am... View More
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answered on Apr 13, 2025
In Kansas, if there is no existing easement or legal agreement granting your neighbor access to the sewer on your property, you generally have the right to control access to it. However, the situation could become more complex if there is any implied easement, or if the sewer line has been in place... View More
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