Agricultural Law Questions & Answers by State

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Agricultural Law Questions & Answers

Q: Can my husband get a huge check after getting struck by lightning?

1 Answer | Asked in Personal Injury, Agricultural Law, Employment Discrimination and Workers' Compensation for Florida on
Answered on Jul 18, 2017

Contact a member of the Fla Justice Assn that handles comp--they give free consults. Your husband needs to find out when he can go to a doctor of his own choosing. Generally that's all your husband will get.
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Q: our yard has a layer of asbestos siding buried about 3ft down. Should that have been disclosed when we purchased it?

1 Answer | Asked in Real Estate Law and Agricultural Law for Oklahoma on
Answered on Jul 14, 2017

According to the Oklahoma Real Estate Commission, the seller must priorly disclose the presence of any hazardous materials that they know of on the property, including asbestos. However, the seller is exempted from legal consequences if they were not aware of the existence of such materials on the property. Considering the place where you found the asbestos siding, chances are that the previous owner did not have any knowledge of its presence either. I suggest you contact them or the real...
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Q: My friend and I are 14. There is a field behind her house. Is it trespassing if we didn't know someone owned it then?

1 Answer | Asked in Agricultural Law, Environmental, Juvenile Law and Real Estate Law for Ohio on
Answered on Jul 10, 2017

Every square inch is owned by somebody. It is trespassing whether you know who owns it or not. Don't go where you don't have permission. It is especially dangerous to go in a field with cows or other animals. And don't go in a field with a single cow. It could be a bull, and they are aggressive and could chase you down and hurt or kill you. You cannot outrun a bull.
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Q: Can our neighbor be "forced" to maintain their berry bushes, so that they don't grow over the fence into our yard?

1 Answer | Asked in Real Estate Law and Agricultural Law for California on
Answered on Jun 27, 2017

You can claim trespass if their bushes are over the property line. If they don't respond to written requests from an attorney, litigation may be required. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
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Q: Can I get a license to grow and harvest marijuana on my farm in Nebraska?

1 Answer | Asked in Criminal Law, Agricultural Law, Environmental and Land Use & Zoning for California on
Answered on Jun 1, 2017

Contact a Nebraska lawyer. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Does my next-door neighbor have an obligation to prevent Japanese knotweed on his property encroaching on mine

3 Answers | Asked in Real Estate Law and Agricultural Law for New York on
Answered on May 15, 2017

Build a wall and make him pay for it! J/K In all seriousness, its a complicated question of private nuisance and damages. You should notify him of the issue and try to reach a reasonable solution.
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Q: I'm a hobbyist woodworker, what are the rules in place for collecting fallen trees in Oregon?

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Environmental for Oregon on
Answered on May 10, 2017

Hello. For information about personal firewood collection in Oregon forests you can access this link:

http://bit.ly/2qqCEt7
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Q: I want sole custody of my son what are my chances

1 Answer | Asked in Divorce, Family Law and Agricultural Law for Ohio on
Answered on Apr 18, 2017

As an unmarried mother of the child, you have sole custody, and can make all decisions on if and when the father can see the child. So you get to define the terms of any involvement by the father with the child, or to totally exclude all contact. If you want to refuse to let the father see the child, you can do that. The father has no parental rights unless and until he proves paternity and has parental rights granted by the juvenile court. If he goes to court for that, he also will have to...
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Q: I want sole custody of my child he lives with me he is almost 2 and I take care of him in every way I am unwed

1 Answer | Asked in Divorce, Family Law and Agricultural Law for Ohio on
Answered on Apr 17, 2017

As an unmarried mother of the child, you have sole custody, and can make all decisions on if and when the father can see the child. So you get to define the terms of any involvement by the father with the child, or to totally exclude all contact. If you want to refuse to let the father see the child, you can do that. The father has no parental rights unless and until he proves paternity and has parental rights granted by the juvenile court. If he goes to court for that, he also will have to...
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Q: Is it legal to sell CBD oil online or in the state of PA?

1 Answer | Asked in Business Law, Products Liability, Agricultural Law and Criminal Law for Pennsylvania on
Answered on Mar 29, 2017

Not unless you are licensed to sell it as a medicinal product which is unusual as they haven't set up licensing yet. Even then, it's possible that US could prosecute you. You could expect visits from the FBI. You really need to get with an attorney before doing anything like this. Use that attorney at each step of the way. Guess wrong and you could be on a traficking charge. State AND federal even!
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Q: Do you help low income homeowners with civil suits?

1 Answer | Asked in Agricultural Law, Business Law and Civil Litigation for Massachusetts on
Answered on Feb 27, 2017

More facts are needed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
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Q: One of the parties joining our LLC appears to have secured an FSA loan with LLC crops and acreage. Is this legal?

2 Answers | Asked in Business Law and Agricultural Law for New York on
Answered on Jan 23, 2017

You are right to be worried since based on the facts you've given it does appear that a violation of the terms of the loan took place at best and it may be fraud at worst. All of this can affect the LLC if a lawsuit is filed or if property owned by the LLC becomes the subject of the litigation. Some of the actions that the LLC can take would be to suspend the member who took out the loan using the LLC's assets as collateral and demand that he produce all records concerning the loans so that...
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Q: Can I legally force my mother to get rid of her horses?

1 Answer | Asked in Agricultural Law, Animal / Dog Law and Civil Litigation for Florida on
Answered on Nov 18, 2016

No, unless you can persuade a court that she is mentally incompetent, you cannot second-guess her financial decisions. You indicate that you are "having" to pay her bills. Actually that is not correct. Legally, you have no obligation to pay her bills.
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Q: I own multiple shares of Weyerhaeuser REIT. Could I be arrested for trespassing or do I have a right to access the land?

1 Answer | Asked in Land Use & Zoning, Criminal Law, Real Estate Law and Agricultural Law for Oregon on
Answered on Oct 19, 2016

Owning shares of a real estate investment trust doesn't necessarily mean you own a particular parcel of land. (For example, if you owned 2000 share of Coca Cola stock you couldn't walk into their head quarters and demand to read the secret formula for Coca Cola.) You should have the right to inspect the trust holdings however. Why don't you just contact the administrators of the trust and ask them if you can have access? If you run into problems then contact an attorney.
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Q: We have people who farm our land, no contract just a verbal agreement. Can they come and destroy a wooded area we have?

1 Answer | Asked in Agricultural Law, Contracts and Real Estate Law for Illinois on
Answered on Oct 14, 2016

Generally, the answer is no, they cannot destroy a wooded area that is on your property. However, in order to know for certain, one must review specific facts surrounding the situation. I would recommend taking pictures, and organizing all information relevant to this situation, and consulting with an attorney individually. A knowledgeable attorney will review the details, and will advise you as to your options moving forward.
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Q: WHAT ACTS WOULD CAUSE LEGAL ACTION UNDER AGRICULTURE ACTS

1 Answer | Asked in Agricultural Law for Florida on
Answered on Aug 8, 2015

Read it and find out.

Q: How do I file a PACA formal complaint?

1 Answer | Asked in Agricultural Law for Florida on
Answered on Aug 7, 2015

What does PACA stand for?

Q: Has it ever been illegal to grow wheat in florida?

1 Answer | Asked in Agricultural Law for Florida on
Answered on Aug 4, 2015

I doubt it, and what would you do with a yes or no answer, anyway?

Q: What is the law in reference to trees or bushes hanging over property line, fifteen feet high?

1 Answer | Asked in Agricultural Law for Florida on
Answered on Apr 1, 2015

Cases vary depending upon the facts of the case and the ability of the parties to a case to resolve the specific issues established in the pleadings of the case. Mediation is mandatory, usually, and a complete settlement can be reached in a vast majority of cases filed. In order to know the law on this particular subject most attorneys would have to do extensive research. I have never done research on this particular issue, over the course of 30 years of practicing law in Florida. One thing...

Q: If someone damages a farmers pasture is that considered vandalism?

1 Answer | Asked in Agricultural Law for Ohio on
Answered on Mar 30, 2015

Such a person could face charges for vandalism, criminal damage, criminal trespassing, criminal mischief, and potentially breaking and entering or even burglary depending upon the exact circumstances, whether any structure was entered, and the amount of damage done or intended.

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