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Agricultural Law Questions & Answers

1 Answer | Asked in Agricultural Law for Pennsylvania on

Q: My husband is a local contractor in business for 27 years. He purchased 22 trees for a customer from a local wholesaler

all 22 have died as well as a good majority of the entire crop as per the wholesaler himself. Who is legally responsible for replacing the tress ?

Timur Akpinar answered on Jun 23, 2019

It would probably be difficult for a Pennsylvania attorney to give you an answer based on these limited facts. If you consulted with an attorney, they would likely want to review the contract between your husband and the wholesaler to see if it includes express warranties, makes any kind of... Read more »

1 Answer | Asked in Animal / Dog Law, Employment Law, Tax Law and Agricultural Law for Florida on

Q: I worked/boarded dogs in a kennel; can they hold my dogs until bill is paid when they haven't paid valid wages?

I boarded dogs at a kennel. After 5 months of payments the owner offered me a part-time job. It progressed from a 3-4 hour morning/evening to 24 hours (10 hrs in the kennel & 14 hrs in their home taking care of their 8 pets) over 3, 5, 7, or 10 day periods. On lunch, I was required to answer phones... Read more »

Bruce Alexander Minnick answered on Jun 10, 2019

None of these historical facts matter because your former employer still has your dogs. After you have recovered your dogs you can think about suing these people for overtime wages and other things.

1 Answer | Asked in Agricultural Law, Car Accidents and Environmental for Alabama on

Q: Is it illegal to mow grass clippings into the road in alabama

Timur Akpinar answered on May 2, 2019

As a general matter throughout the nation, some jurisdictions have local regulations/codes that treat such clippings as hazards to the public or to traffic. This is aside from any state and local environmental or sanitation regulations that might apply.

Tim Akpinar

1 Answer | Asked in Criminal Law, Agricultural Law and Internet Law for Washington on

Q: Is it illegal to have a poppy pod as part of your artwork?

I have an etsy shop and listed a handmade box and book with flower seeds. It focuses on Papaver somniferum common names are Opium Poppy, breadseed poppy. Etsy took it down today saying poppy pods and poppy straw are prohibited. I don't want to argue with them but is this just etsy or is selling a... Read more »

Griffin Klema answered on Apr 24, 2019

Most likely it's a subjective determination by Etsy about inclusion of a prohibited item in the product. Clearly, they appear to be taking things a bit far in this regard, but it's Etsy's platform, and therefore its terms of service (or terms of use, etc.) may empower it with the ability to remove... Read more »

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Oklahoma on

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

Kyle Persaud answered on Apr 9, 2019

It depends on the precise facts of the situation.

1 Answer | Asked in Agricultural Law, Construction Law and Environmental for Tennessee on

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?

I would like to build various trails on unused land that can not be accessed by roads and are owned by the government. Where would I look and how would I obtain a permit to build this in my community?

Timur Akpinar answered on Mar 25, 2019

A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.

Tim Akpinar

2 Answers | Asked in Real Estate Law and Agricultural Law for Missouri on

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

Jennifer Sheila Kornblum answered on Mar 24, 2019

You should get your own survey done, based on the deed on file in your family's name at the Recorders office.

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1 Answer | Asked in Criminal Law, Agricultural Law, Federal Crimes and Small Claims for Kentucky on

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

Initially was served a court SC summons, from Oklahoma I reside in KY, postpone 1 apprencd Clerk said mail the next court date, Never receiving and notification, ie letter, certified or any I found out later I got a judgment and my property (horses) signed over which she had sold prior to court..... Read more »

Timothy Denison answered on Mar 18, 2019

Make a motion to set the judgment aside and show the judge all the erroneous addresses in your file.

1 Answer | Asked in Products Liability and Agricultural Law for Oklahoma on

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

Also on my truck and trailer

Kyle Persaud answered on Mar 16, 2019

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...
Read more »

1 Answer | Asked in Agricultural Law for Missouri on

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

Agricultural sprayer sprayed sodium chloride on my tomatoes roses flowers that killed them and affected some trees. He come over and admitted to what he sprayed and that it killed it and everything. The land owner told him this land was marked as a sensitive spray Zone. The spray guy admitted he... Read more »

Ronald J. Eisenberg answered on Mar 14, 2019

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... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Agricultural Law and Environmental for Georgia on

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

Ecleynne Mercy answered on Mar 8, 2019

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.... Read more »

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

Limbs have fallen from the two trees on both sides of the tree limb that hit my car causing $2,000.00 damage to my vehicle

Ali Shahrestani, Esq. answered on Jan 14, 2019

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.... Read more »

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Oklahoma on

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.

I've asked him multiple times to move them and he won't. Agreed on a date and that day came and went. Now since it's winter I have to feed them and I just want them gone. Don't know what's the right thing to do to get this process done.

Richard Winblad answered on Dec 17, 2018

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....
Read more »

1 Answer | Asked in Personal Injury, Agricultural Law and Car Accidents for Colorado on

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

Peter N. Munsing answered on Oct 11, 2018

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.

1 Answer | Asked in Animal / Dog Law, Criminal Law and Agricultural Law for Pennsylvania on

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?

I live in the country (rural/farm land area - see location). My neighbor lets his dogs run loose constantly. I've let him know that under PA Dog Law he is required to keep his dogs "under his control - at ALL times" yet, he still allows them to run loose stating South Shenango Township "allows"... Read more »

Peter N. Munsing answered on Sep 11, 2018

your dog warden should be able to tell you.

1 Answer | Asked in Car Accidents, Personal Injury, Agricultural Law and Animal / Dog Law for Oklahoma on

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

We’re in Oklahoma the accident happened in Minco, OK to be specific. The livestock was in the middle of my lane I did everything I could to prevent hitting it but it happened anyway. I was almost to a complete stop when I saw the car behind us about to run into us so I then pulled to the side of... Read more »

Peter N. Munsing answered on Sep 4, 2018

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.

1 Answer | Asked in Agricultural Law and Real Estate Law for North Dakota on

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

I'm having a land dispute were the other party has deed and I patent.

Stefan Dunkelgrun answered on Aug 7, 2018

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... Read more »

1 Answer | Asked in Car Accidents and Agricultural Law for Texas on

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

Said I damaged the lively hood of that rancher it was an accident in the middle of the night at first they were gonna charge me with leaving the seen if an accident nobody else was involved just me and the cow is this right?

Peter N. Munsing answered on Jul 18, 2018

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.

2 Answers | Asked in Agricultural Law and Family Law for Georgia on

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

And I work out of town her daughter moved in without my consent how do I get them out

Regina Irene Edwards answered on Jul 10, 2018

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.

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2 Answers | Asked in Car Accidents, Personal Injury and Agricultural Law for Louisiana on

Q: Where does the liability rest should a farm tractor be involved in a motor vehicle accident?

When moving our tractors from one farm property to another within a 10 mile radius.

Ellen Cronin Badeaux answered on Jun 28, 2018

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.

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