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Agricultural Law Questions & Answers
1 Answer | Asked in Agricultural Law for Tennessee on
Q: Official farm name in Tennessee

I’m wanting to get a official farm name in Tennessee but do not know if they will tell me to do taxes after getting one.

Anthony M. Avery
Anthony M. Avery answered on Jun 4, 2021

I assume you actually want to incorporate a farming enterprise, with the entity under a corporate name. And yes, the new corporation will have to pay taxes under a new tax id. Whether the land is part of the corporation or not needs to be carefully considered.

Hire a competent TN...
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1 Answer | Asked in Land Use & Zoning, Agricultural Law, Environmental and Health Care Law on
Q: Can we install seasonal threshing machine in residential area even any people house the distant around 10 meter in H.P

Actually my naver installed seasonal threshing machine in from of my house around distant of 10 meter and it causing sound and air pollution . Any rules or law so they can remove it from this place ? its there personal land.

Tim Akpinar
Tim Akpinar answered on May 7, 2021

Noise violations are generally governed by local laws. If there are such ordinances in your area, they would probably appear in village or city codes. In terms of air pollution, that could fall under the legal theory of nuisance, which is a tort that involves interference with the use and enjoyment... Read more »

1 Answer | Asked in Agricultural Law for Arizona on
Q: Can I sue McDonalds for dropping coffee on me?

Today, I was waiting in the area where they told me to wait since they still needed to make the decaf coffee. The lady looked like she was in a rush when she finally came out to me. Well when handing me the coffee, she spilled it on my pants and onto my thighs and private parts (this is coffee that... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 3, 2021

An Arizona attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to Arizona law firms and discuss in more detail. If you have records of medical care in connection with the accident, attorneys... Read more »

1 Answer | Asked in Agricultural Law for Louisiana on
Q: I thought it was legal to drive these I got pulled over and now I’m trying to figure out the laws on these more

I was pulled over and I got those cause I have no license and I was told to get it cause it was legal

Tim Akpinar
Tim Akpinar answered on Mar 5, 2021

A Louisiana attorney could advise best, but your question remains open for a month. From the description, it isn't clear what it was that you were driving - but since you posted under Agriculture, it suggests possibly a farm vehicle or an off-road vehicle? If you got a warning for no license,... Read more »

1 Answer | Asked in Agricultural Law and Employment Law for Florida on
Q: I think my boss wants me to break a law for his business, can I be held accountable?

I work at a pet boarding facility, and in the state of Florida, owners are required to have their dogs up to date on their rabies vaccine. My boss told me to accept a dog that is out of date on his rabies vaccine..

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 27, 2021

I believe the requirement that owners keep their animals vaccinated would be Florida Statute 828.30. It doesn't appear to include any requirement that pet boarding facilities refuse to accept unvaccinated animals, and if there is that would be your boss's duty, not yours.

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Minnesota on
Q: Does Delaware use the same definition for dog and cat fur that federal law does?

Hello, I'm not a resident of Delaware, but I was wondering how the state defines "fur" and "hair" in the law banning the sale or trade of dog and cat fur/hair. Federal law defines dog and cat fur as a pelt--any fur or hair with skin attached--and so do other laws for other... Read more »

William Bailey
William Bailey answered on Feb 15, 2021

Your question involves Delaware law. You would need to contact attorneys in Delaware for help with this.

1 Answer | Asked in Agricultural Law, Civil Rights and Criminal Law for South Carolina on
Q: How can my son who is Native American obtain a Native American attorney? Criminal Law & Civil Rights.
Tim Akpinar
Tim Akpinar answered on Jan 31, 2021

I'm sorry your question went unanswered for three weeks. If your son is still looking for an attorney, you could go to the Find-a-Lawyer tab above - there is a section "Native American Law." You could also run your own independent searches online, or you could visit the website of... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Nebraska on
Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.

But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2021

Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.

1 Answer | Asked in Agricultural Law and Cannabis & Marijuana Law for Arizona on
Q: Under prop 207 am I aloud to sell plants

Just wanted to know if selling marijuana plants is legal

Brian C. Soto
Brian C. Soto answered on Jan 3, 2021

The short answer is no.

In order to sell marijuana plants and/or marijuana, and extracts you will need to be licensed as a retailer by the Arizona Department of Health Services. Under A.R.S. § 36-2852(A)(4), you are entitled to transfer "up to six marijuana plants to an individual...
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1 Answer | Asked in Agricultural Law on
Q: What is the law as it pertains to the transportation of livestock during extreme cold or extreme hot conditions?

I live on the I-70 corridor and often see livestock being transported in sub zero temperatures. In Canada there is a law that requires there be hay and covering for the animals to stay warm at certain temperatures, and it is illegal to transport them when the temperature/windchill reaches a... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2020

Thank you for having concerns about the welfare of animals in transport. A Colorado attorney familiar with agricultural and animal rights issues might be able to advise best on this, but you await a response for three weeks. This is not an area that many attorneys deal with. Departments of... Read more »

2 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: What should I do to stop them & keep them from continuing to use my land/barn? What do I do about the solar panels?

I live out of state, it appears my neighbor has installed solar panels on my property & are using & making improvements to my barn.

Donald C Eby
Donald C Eby answered on Nov 30, 2020

It is nice of your neighbor to make valuable improvements to your property! But, I suspect that your neighbor does not see it that way. I suspect that you'll need to bring a lawsuit to enforce your rights. But, you could start by calling the police to make a trespassing claim or have an... Read more »

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1 Answer | Asked in Agricultural Law, Civil Rights and Environmental for Illinois on
Q: My neighbor waits until dark to burn excavation site junk. Makes breathing hard. Is this illegal? Can we stop him?

He burns demolished houses, tires, and anything that will burn. The smoke cloud is immense, and always blows all over the neighborhood. I can't breathe inside my own home.

Robert D. Kreisman
Robert D. Kreisman answered on Nov 29, 2020

My suggestion would be to contact your local alderman (if you live in the City of Chicago) or your local municipal government. I would be fairly sure that what your neighbor is doing, burning material putting off noxious odors, is in violation of local, municipal, and state law.

1 Answer | Asked in Agricultural Law for Indiana on
Q: Is it against the law to stop a person from using appliances while they are staying with you but has not paid us

We own the house and everything was verbal set up

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

An Indiana attorney could advise best, but your post remains open for four weeks. A landlord-tenant attorney might have better insight into this than an agricultural attorney. Not all posts are picked up, but you could try reposting under the L-T section. A verbal agreement in lieu of a written... Read more »

1 Answer | Asked in Agricultural Law on
Q: What can you suggest to make the law more preventive than reactive?
Tim Akpinar
Tim Akpinar answered on Oct 29, 2020

Many people already see the law as being preventive in nature. This can be found in statutes and codes that are seen as being deterrents to the commission of crimes, or that serve to discourage other forms of wrongdoing in the civil sector. Good luck

Tim Akpinar

1 Answer | Asked in Agricultural Law and Municipal Law on
Q: What is the current situation of the fisheries laws in municipalities?
Tim Akpinar
Tim Akpinar answered on Oct 28, 2020

Outside of NOAA's federal guidelines, it's also governed by state law. Since these can differ from state to state, you'd need to to look into Departments of Environmental Conservation, Wildlife Protection, Natural Resources, or other names under which the entities that oversee this... Read more »

1 Answer | Asked in Environmental, Agricultural Law, Constitutional Law and Land Use & Zoning on
Q: How will you discuss the rights of a state over bodies of surrounding water under UNCLOS to a 5-year-old child?
Tim Akpinar
Tim Akpinar answered on Oct 26, 2020

There's considerable technical substance to the Law of the Sea in terms of territorial waters, coastal contiguous zones, exclusive economic zones, etc. and it isn't easy to bring down to too simple a level. Maybe this might work. You could explain to a five-year old that the world's... Read more »

2 Answers | Asked in Bankruptcy and Agricultural Law for Minnesota on
Q: I have filed a chapter 12 and have been working on a plan since February. The bank will not budge on what they want.

The bank wants 3 payments of 54000 with in 13 months of each other. That means I have to use 1 crop year to make 2 of those payments but it's not possible. What can I do about this? I have a lawyer hes been doing this since the 80s. This is what he told me and I'm just getting a second... Read more »

David Luther Woodward
David Luther Woodward answered on Oct 17, 2020

Where's your lawyer?

He is the one who should be doing battle with the bank. Bank's don't cotton to customers, but they are somewhat fearful of good bankruptcy lawyers who will take them to the lick log.

No lawyer?

Find one!

Good Luck

d

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1 Answer | Asked in Estate Planning, Real Estate Law, Agricultural Law and Civil Litigation for California on
Q: Are the property lines accurate enough to use as evidence of property line in court. I'm having issues with a neighbor

A site listed as patented on justia called real estate portal .

George W. Wolff Esq.
George W. Wolff Esq. answered on Sep 29, 2020

USUALLY FOR A TRIAL YOU NEED A SPOTTED BOUNDARY LINE SURVEY BY A LICENSED SURVEYOR.

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Idaho on
Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?

The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent!

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this... Read more »

1 Answer | Asked in Real Estate Law and Agricultural Law for Texas on
Q: Bought a place in town had established fence lines neighbor shows me a map of his survey saying that I'm on his property

I had also already built a few structures greenhouse ect. into the spots in question

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Usually the established fencing determines the boundary as both adjoining owners acquiesce to the boundary, regardless what their legal descriptions say. If your neighbor does not like your encroachments, it is up to him to file suit within the SOL. Hire a competent attorney to search both... Read more »

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