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Agricultural Law Questions & Answers
1 Answer | Asked in Public Benefits, Agricultural Law and Land Use & Zoning for Minnesota on
Q: Can county government take over township powers without having due process? Isn't a public hearing required?

This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".

Robert Kane
Robert Kane
answered on Apr 10, 2024

Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency.... View More

1 Answer | Asked in Agricultural Law, Car Accidents, Civil Litigation and Environmental for Oregon on
Q: a tree falls from homeowner's property into the city street, blocking traffic and a vehicle crashes into that tree.

Who would be responsible or held liable? would it be the homeowner? would it be the city? or would it be The pedestrian driving the vehicle?..

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

An Oregon attorney could advise best, but your question remains open for four weeks. It could depend on a number of factors - manner in which tree fell, details about crash (speed, visibility, distractions, etc). It could be something that the homeowners carrier and auto carrier might sort out.... View More

2 Answers | Asked in Agricultural Law, Small Claims and Social Security for Pennsylvania on
Q: Hello. What is USC 15 B 1611 and can I speak to and underwriter please.

Please Help!

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

To speak with an underwriter, that could involve contacting carriers directly. Good luck

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1 Answer | Asked in Agricultural Law and Car Accidents for Arkansas on
Q: If I hit a cow that is out in the road at night. Is it my fault? The farmer is not go to pay for damages

The farmer is saying his cow has the right of way. It was night and the cow was black. I only have liability insurance. So I have no vehicle to get anywhere like work. And the police report says I was doing nothing wrong.

Joel Gary Selik
Joel Gary Selik
answered on Feb 20, 2024

Yes you have a case against the farmer. It is the farmer's fault. He should turn it over to his business or homeowner's insurance. If he or she fails to do so, a lawsuit would be proper.

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Real Estate Law for Arkansas on
Q: what are Arkansas law regarding existing fencing that has been in place for more than 10+ yrs?

Property we bought about 11 yrs ago had already fencing around it from neighbors. We left it as such and built more fencing that ran into already built parts and have repaired older fencing. Now a neighbor bought some of the property from newer neighbors and want to tear down existing fencing and... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2024

An Arkansas attorney could advise best, but your question remains open for a week. Your question may run deeper than technicalities about fence construction. Your post suggests a property dispute. You could repost and add "Real Estate" as a category. If this involves adverse possession... View More

1 Answer | Asked in Criminal Law, Agricultural Law, Animal / Dog Law and Environmental for Maryland on
Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?

They came and knocked on my door but i didn't answer. I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey. But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I... View More

Scott Scherr
Scott Scherr
answered on Nov 2, 2023

They cannot raid your house unless they get a warrant.

1 Answer | Asked in Gov & Administrative Law and Agricultural Law for Florida on
Q: Can Miami dade county require a nursery registered with the state to get a certificate of use through Miami dade county?

Nursery is on agriculture land and AU zoning

Charles M.  Baron
Charles M. Baron
answered on Sep 25, 2023

I'm guessing that, by "registered with the state", you mean registering the nursery with the Fla. Dept. of Agriculture and Consumer Services pursuant to Fla. Statutes Section 581.131. The purposes of State regulation/inspection of nurseries are different than the purposes of County... View More

1 Answer | Asked in Tax Law, Business Law and Agricultural Law for Texas on
Q: Can livestock be raised and sold to fund a local hospital?

12,000 acre ranch was left to the community for the purpose of maintaining and funding the local hospital. The ranch also gets proceeds from natural gas royalties and leasing out hunting. For years they have raised and sold livestock to benefit the hospital. New board member states this is illegal

James L. Arrasmith
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answered on Sep 14, 2023

The legality of raising and selling livestock to fund a local hospital on a community-owned ranch depends on the terms and conditions set forth in the original bequest or trust that left the ranch to the community. If the bequest explicitly permits such activities for hospital funding, it may be... View More

2 Answers | Asked in Bankruptcy, Foreclosure, Agricultural Law and Civil Rights for Tennessee on
Q: How can I find a lawyer pro bono ?

I have identity theft that has effected every thing about me and financially

White collar crime in my name that seems to have followed me from The State of Florida

Timothy Denison
Timothy Denison
answered on Sep 7, 2023

Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.

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1 Answer | Asked in Agricultural Law, Business Law and Gov & Administrative Law for North Carolina on
Q: Is there a size minimum of a business to apply for distillery license?

I'm wanting to open a distillery but only want to have one small still to produce vodka, rum and gin

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Aug 17, 2023

The size is governed by your local zoning laws. I do not beleive that the NC Alchololic Beverage Commission has any minimum size regulation. You also have to obtain a Federal permit before you can get the North Carolina permit.

You can find information about the permitting process at...
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Q: selling hemp / CBD products online in MASS. Does this require a MDAR license or can I operate under farmbill USDA/FDA?

region is for Massachusetts

if you read the MDAR website its really confusing in the wording when discussing the Whole sale which I know for sure they regulate. Its confusing legalese I feel like should be a really simple answer..

Thomas Shack III
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answered on Aug 8, 2023

While the Farm Bill USDA/FDA regulations provide a framework for the cultivation and sale of hemp at the federal level, it does not exempt businesses from complying with state-specific requirements. Therefore, even if you are operating under the Farm Bill USDA/FDA regulations, you may still need to... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Agricultural Law and Intellectual Property for Georgia on
Q: I found unclaimed misc property what's are my steps to take to properly claim this
James Clifton
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James Clifton
answered on Aug 1, 2023

You will need to register for an account with the Georgia Department of Revenue. After verification, you will be able to submit a claim through the online portal for unclaimed property. If you need assistance, schedule a free consultation.

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1 Answer | Asked in Agricultural Law for Pennsylvania on
Q: Can I spray weed killer on my hayfield without telling my neighbor whose property is next to mine? I live in Uniontown.
Tim Akpinar
Tim Akpinar
answered on Jun 18, 2023

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney, as a general matter, people can sue for health impacts from aerial release or groundwater release of pesticides and herbicides. One option is to consult with... View More

1 Answer | Asked in Agricultural Law, International Law and Business Law on
Q: Does Canadian company need CBD license to sell CBD products ( no THC) entirely within the USA? No product is ever in Can

Does a Canadian compnay need a CBD license to sell broad-spectrum CBD products for pets (THC-free) if the products are made, shipped from USA and shipped to USA? No product would ever actually be in Canada.

James L. Arrasmith
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answered on Jun 18, 2023

If a Canadian company is selling broad-spectrum CBD products for pets (THC-free) entirely within the USA, and the products are made and shipped from the USA to the USA, then the Canadian company would not need a CBD license from Health Canada to sell these products.

However, it is important...
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2 Answers | Asked in Traffic Tickets, Agricultural Law and Car Accidents for Tennessee on
Q: Is it illeagal to pass a double yellow lone on county rd to overtake a farm tractor to the leftt in tennessee?

I greatly appreciate your time and any help concerning this situation. Recently i was travelling on a tn county rd with double yellow lines. I was approaching a slow moving farm tractor (travelling less than 25 mph) , i began to slow but had sufficent sight to know there were no on coming hazards,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2023

A Tennessee attorney could advise best, but your question remains open for two weeks. I hope you're okay after three vehicle flips. In most jurisdictions, you can't cross a double yellow line to pass. There are limited exceptions for turning into lots or streets. But that's only a... View More

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1 Answer | Asked in Agricultural Law and Land Use & Zoning for Tennessee on
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge.

I still farm the land and the city says i can not build a new barn. Can they rezone my land?

Anthony M. Avery
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answered on May 25, 2023

You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms... View More

1 Answer | Asked in Agricultural Law and Gov & Administrative Law for California on
Q: Can the California Building Code be used to regulate agriculture grading? The CBC scope application purpose.

A notice of grading non-compliance has been recorded on our property title for non-compliance with the California building code. We are moving earth to plant 300 avocado and citrus trees. A stop work order has been issued under the building code, but no code section was cited. There is no building... View More

James L. Arrasmith
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answered on Apr 15, 2023

The California Building Code (CBC) primarily regulates construction and building safety standards. While the CBC does contain provisions related to grading and excavation, they are limited to the context of construction and building projects. The code provides standards for site preparation,... View More

1 Answer | Asked in Agricultural Law, Car Accidents and Personal Injury for Alabama on
Q: My neighbors have a lot of cows and they are out all the time. So i hit one so I am responsible?

We are on a busy highway and the cows get out all the time especially lately. I hit one the other night 2 were out. He knows they are always out how does he not have to pay for the damages. They are his they are not wild animals.

Hunter Garnett
Hunter Garnett
answered on Mar 22, 2023

Generally, farmers aren’t liable for personal injuries caused when their cows get out if they have proper fencing. However, there are occasionally exceptions. You should contact a lawyer, especially if you have serious personal injuries.

Here’s the statutes on this issue:

Ala...
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1 Answer | Asked in Agricultural Law, Contracts, Land Use & Zoning and Real Estate Law for Texas on
Q: Questions about tresspassing brother n law from estate property. I am executor of both owners (dad and gmaw)

So, basically, my brother n law signed a very suspect and immoral farm lease from my grandmother, on her death bed, (20yr). But the lease is very vague, I had a lawyer send him a demand letter to stop trying to farm our properties because his lease isn't valid. Soon after he worked up ground... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 20, 2023

You are in a tough spot.

In order for you to get clarity and satisfaction over the use of the property, it seems like you will need to go to a District Court or the Probate Court that has had jurisdiction over the properties.

As part of the case(s) or causes of action, you will need...
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1 Answer | Asked in Agricultural Law and Environmental for California on
Q: Why are bees fish?

In the case of Almond Alliance vs Fish and Game Commission, what is the difference between bees having to be fish and insects having their own section in the CESA? Why not file for an amendment for the CESA to have a section for them?

James L. Arrasmith
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answered on Mar 16, 2023

Bees are not fish, and it is unclear why this question is being asked in the context of agricultural law and environmental law for California. The Almond Alliance vs Fish and Game Commission case likely does not involve the classification of bees as fish.

As for the issue of insects having...
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