Agricultural Law Questions & Answers by State
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Agricultural Law Questions & Answers
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.
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...
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
Answered on Oct 11, 2018
Peter 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.
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: The employer I work for is being forced to plant 1.4 million dollars in trees to hide our factory
1 Answer
| Asked
in
Contracts, Real Estate Law and Agricultural Law
for
Michigan
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
Kenneth V Zichi's answer
Without seeing the Zoning ordinance it is impossible to answer specifically. What city are you talking about? Are they forcing you to use a SPECIFIC company? That probably isn't kosher, but they CAN require specific certifications and yes, they can even require specific species of trees (Imagine if someone said 'I'll just plant Ash trees' ....)
As for the amount of parking, most ordinances as written require TOO MUCH parking, not too little -- that just doesn't ring true.
The...
Without seeing the Zoning ordinance it is impossible to answer specifically. What city are you talking about? Are they forcing you to use a SPECIFIC company? That probably isn't kosher, but they CAN require specific certifications and yes, they can even require specific species of trees (Imagine if someone said 'I'll just plant Ash trees' ....)
As for the amount of parking, most ordinances as written require TOO MUCH parking, not too little -- that just doesn't ring true.
The...
Q: How is it determined that a dog is a "dangerous dog"? and how do I go about having a dog/dogs declared as dangerous?
1 Answer
| Asked
in
Animal / Dog Law, Criminal Law and Agricultural Law
for
Pennsylvania
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
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
Answered on Sep 4, 2018
Peter 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.
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: I live in Baltimore a neighbors Ivy had damaged windows and is growing onto my deck can I have them remove it
1 Answer
| Asked
in
Real Estate Law, Agricultural Law, Land Use & Zoning and Municipal Law
for
Maryland
on
Answered on Aug 15, 2018
Answered on Aug 15, 2018
Richard Sternberg's answer
First, you can cut the ivy right back to the property line, and cut it back any time it is on your property even if the effect of that is to kill the vine. You may also be able to poison it on your property even if the vine carries that poison back to the roots and kills the plant. If you can find such a poison for that ivy, you can tell your neighbor that you will use it unless he gets his plant off your land.
Your best argument to make it your neighbor’s responsibility is to show...
First, you can cut the ivy right back to the property line, and cut it back any time it is on your property even if the effect of that is to kill the vine. You may also be able to poison it on your property even if the vine carries that poison back to the roots and kills the plant. If you can find such a poison for that ivy, you can tell your neighbor that you will use it unless he gets his plant off your land.
Your best argument to make it your neighbor’s responsibility is to show...
Q: Why is federal law supreme to state law in land matters?
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...
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
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.
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
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...
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
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.
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
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.
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
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?
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
Answered on Apr 17, 2018
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
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.
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?
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...
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: 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
Answered on Feb 18, 2018
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
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.
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
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.
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?
Richard Winblad's answer
Sorry, your question does not provide enough information to provide an answer. It all depends upon the facts.
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
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...
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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