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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 »

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for New Jersey on
Q: Neighbor refuses to return our calls to discuss our concerns over the safety of his weeping willow tree.

The tree is now 60-70 ft. tall. We know they should not be planted in this residential area and we had one uproot on our property. No help from local zoning or tree commission who know our neighbor. We can be killed if it falls or uproots onto our property. I have contacted approximately 19... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2020

Speak to a local arborist to review the situation and his/her opinion as to the immediacy of any potential danger and what are the suggested remedies. Then speak to an attorney to review your legal rights and courses of action available to you. An immediate step would to put the municipality on... Read more »

1 Answer | Asked in Agricultural Law for North Carolina on
Q: What steps can I take to protect my farm from being shut down?

My home is on 9 acres that is about to become completely surrounded on all sides by an upscale subdivision. At this point we only have poultry. In the near future, we will begin earning money with our land by selling produce and eggs, and by growing trees for a local landscaping company. I worry... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

A North Carolina attorney could advise best, but your post remains open for two weeks. It could be difficult to predict what could happen when the surrounding area becomes developed. The attorneys who did not respond could be at a loss in terms of what to tell you in terms of preemptive actions you... Read more »

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Florida on
Q: How do I create and file intent to lien a horse who has been abandoned by owner and/or board hasn’t been paid ?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2020

In order to claim a possessory lien on the horse, a security interest in the horse would need to have been created in the boarding contract. The only other way to get the horse would be to sue the owner, get a judgment, levy upon the horse, and then buy it at the execution sale.

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for Florida on
Q: HOA not allowing Fruit Trees in Backyards

We have just brought a house in a HOA governed community in Tampa, Florida. We have a 2000 sqf backyard and have planted some Florida approved fruit trees like mango , banana as we wanted home grown food and for religious practices. We got a letter from HOA that we are not allowed to plant fruit... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 27, 2020

The ARB documents/guidelines are valid restrictions adopted by the HOA. Whether or not you can claim a reasonable accommodation for religious practices is a fact-based question that requires the review of a lot of factors, which go beyond the scope of this website and require a review of all of... Read more »

1 Answer | Asked in Agricultural Law, Contracts, Animal / Dog Law and Lemon Law for New York on
Q: Are “Hobby Breeders” held to the same standards under NYS Pet Lemon Law? Or only Pet dealers?
Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 21, 2020

If the hobby breeder sells 10 or more dogs or cats a year they are subject to the pet lemon law.

1 Answer | Asked in Criminal Law and Agricultural Law for California on
Q: How often does a criminal prosecution happen in California over Grand Larceny of an estate's assets worth over $200,000?

My father died last month. His Trust is signed and has shared Co-executors- my sister and stepmother. My stepmother is unhappy with the Trust as written and has started stealing and and selling assets (cattle, trucks, ranching equipment) whose loss of value to the Trust is thus far, $200,000. We... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 19, 2020

more info needed.

if she is stealing and that is a criminal act, I suspect contacting law enforcement makes sense.

however, I would make an appt for a consultation with a local lawyer asap.

2 Answers | Asked in Criminal Law and Agricultural Law for Tennessee on
Q: Will a out of state mistermeanor warrant get you arrested in a different state
Shanone Emmack
Shanone Emmack answered on Jul 13, 2020

Yes, an out of state warrant will get you arrested in another state. It usually happens when a police officer calls in your information during a traffic stop. The police will arrest you and wait for the state who issued the warrant to come get you.

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