Ask a Question

Get free answers to your Agricultural Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Agricultural Law Questions & Answers
2 Answers | Asked in Agricultural Law and Real Estate Law for Alabama on
Q: Do hunters in Marion County, Alabama need permission to hunt on private land?

Recently, I was disturbed late at night by hunters on my property in Marion County, Alabama, without any prior agreement or permission to hunt. This disturbance caused significant concern. Are these hunters legally required to have my permission to hunt on my land, and what steps can I take to... View More

James Blount Griffin
James Blount Griffin
answered on May 30, 2025

Trespassing is against Anglo-American law going back before William the Conqueror! Once upon a time you could be hanged for poaching on the king's land.

This is your land, and it is not Medieval England. Nonetheless, trespassers play all kinds of the games to hunt, fish, ride RVs,...
View More

View More Answers

2 Answers | Asked in Agricultural Law and Personal Injury for California on
Q: What legal options are available for exposure to herbicide due to aerial spraying?

On May 16, my mother, Jeanie Pirtle, was operating a tractor with an open cab on fields owned by Rocky Donati when a pilot employed by Jones Flying Service conducted aerial spraying. Despite her efforts to move out of the way, the pilot sprayed over her multiple times, causing the chemical to go... View More

William John Light
William John Light
answered on May 23, 2025

She should go to the doctor and explain what happened. She should contact the County Agricultural Commissioner. She will need to provide: The address or location where the incident occurred or is occurring; The date and time of the incident; If you or anyone else experienced or is experiencing any... View More

View More Answers

3 Answers | Asked in Car Accidents, Agricultural Law and Personal Injury for Alabama on
Q: Can I pursue legal action after hitting a bull with no personal car insurance?

I was driving in a rural area and encountered three bulls walking freely across the road. I missed the first two bulls but hit the third one, which resulted in my car being completely totaled and all airbags deploying. I injured my leg in the incident and haven't talked to the owner of the... View More

Cameron L. Hogan
Cameron L. Hogan
answered on May 16, 2025

Unfortunately, no. Livestock owners have immunity from car accidents caused by livestock in Alabama. Additionally, since there is no cause of action against the owner, uninsured motorist coverage does not apply either. The only insurance that applies is comprehensive coverage and medical payments... View More

View More Answers

Q: Cattle guard removed; locked gate installed in Arizona. Legal resources?

A neighboring rancher removed a cattle guard that's been in place for 40 years and installed a locked gate without any notification. This has severely impacted my daily routine, as I lost wages when I was unable to leave for work one morning. The rancher is now threatening me with trespassing... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2025

You will have to hire an AZ attorney to file suit to declare your easement rights. Search both your's and the adjacent owner's titles. An express easement needs to be in his title chain. If nothing else maybe you have an easement by prescription, implication, necessity, etc. Access... View More

View More Answers

3 Answers | Asked in Car Accidents, Agricultural Law and Personal Injury for Indiana on
Q: Involved in a 7-car pileup due to field burning; is suing an option?

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

Charles Candiano
Charles Candiano
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

View More Answers

3 Answers | Asked in Car Accidents, Agricultural Law and Personal Injury for Indiana on
Q: Involved in a 7-car pileup due to field burning; is suing an option?

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

Jonathan Armiger
PREMIUM
Jonathan Armiger
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

View More Answers

2 Answers | Asked in Agricultural Law, Civil Litigation, Real Estate Law and Personal Injury for Oregon on
Q: What rights do I have to stop my neighbor's irrigation from damaging my property?

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

Jina Ly Clark
Jina Ly Clark
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

View More Answers

2 Answers | Asked in Agricultural Law, Divorce and Business Law for New Jersey on
Q: Is my spouse entitled to my inherited farm in NJ after 43 years of marriage?

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

Richard Diamond
Richard Diamond
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

View More Answers

2 Answers | Asked in Agricultural Law, Divorce and Business Law for New Jersey on
Q: Is my spouse entitled to my inherited farm in NJ after 43 years of marriage?

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

H. Scott Aalsberg
H. Scott Aalsberg
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

View More Answers

1 Answer | Asked in Personal Injury, Agricultural Law and Insurance Defense for Texas on
Q: I live on a 3000 acre "Ranch Themed Community" in Kerrville Tx. The ranch assets are collectively owned by the residents

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Tax Law and Agricultural Law for Florida on
Q: Tax rate on 614000.00illinois farm sale from florida resident
Terrence H Thorgaard
Terrence H Thorgaard
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

2 Answers | Asked in Consumer Law and Agricultural Law for California on
Q: In plan English what is the law against shipping yeast nutient to California and why? Besides Ca. Being a BS. State
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Real Estate Law, Tax Law, Agricultural Law and Estate Planning for Minnesota on
Q: I'm a Minnesota resident. MN has a $3,000,000.00 estate tax exemptionCan I put Iowa farmland in a trust to get below

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Tax Law and Agricultural Law on
Q: In Minnesotas estate tax exemption for Farms, I'm a MN resident and own farm land in Iowa . Does that count for the

2,000,000 exemption? Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Agricultural Law for Maryland on
Q: Can a former employee to a pest control company sue for improper training, poor safety equipment and working un licensed
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Agricultural Law and Business Law for Florida on
Q: What is FL law on refunds for nonprofit events?

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Employment Law and Agricultural Law for California on
Q: I work for foster farms and they are discrimination and negligence on there behalf along with the duress.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Tax Law, Agricultural Law, Arbitration / Mediation Law and Business Law for New Mexico on
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

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%.

Charles M.  Baron
Charles M. Baron
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

1 Answer | Asked in Agricultural Law, Insurance Defense and Personal Injury for Oklahoma on
Q: Do I need liability insurance for pasture land in Oklahoma with no house?

I own pasture land in Oklahoma where I raise hay and cows. There is no house on this land, but I'm concerned about the risk of trespassers injuring themselves and potentially suing me. Do I need to maintain liability insurance for this property?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

You’re not legally required to carry liability insurance on vacant pasture land, but without coverage you remain fully exposed if someone trespasses, gets injured, and sues you for medical costs or pain and suffering.

Under Oklahoma premises-liability rules, you could owe a duty of care...
View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.