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Agricultural Law Questions & Answers
1 Answer | Asked in Car Accidents, Personal Injury, Agricultural Law and Animal / Dog Law for Oklahoma on
Q: Hit a pig on a state highway. What can I do about my car damage? Livestock owner said the 2 pigs escaped fence.

We’re in Oklahoma the accident happened in Minco, OK to be specific. The livestock was in the middle of my lane I did everything I could to prevent hitting it but it happened anyway. I was almost to a complete stop when I saw the car behind us about to run into us so I then pulled to the side of... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 4, 2018

Get an estimate and have it paid for by farmer or his insurance. Or if you have collision run it through yours and they can,,,,, call farmers (as it were)(sorry).

If you were injured, contact a member of the Oklahoma Assn for Justice--they give free consults.

1 Answer | Asked in Agricultural Law and Real Estate Law for North Dakota on
Q: Why is federal law supreme to state law in land matters?

I'm having a land dispute were the other party has deed and I patent.

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

Federal law is supreme over state law because as a condition of Statehood, North Dakota passed an Enabling Act ceding all unclaimed land to the Federal Government for disposition. Upon meeting the appropriate criteria (e.g. homesteading), a person could be granted ownership by requesting a land... View More

1 Answer | Asked in Car Accidents and Agricultural Law for Texas on
Q: I live in Texas I struck a cow on a county road they took me to jail for damage to to my own vehicle

Said I damaged the lively hood of that rancher it was an accident in the middle of the night at first they were gonna charge me with leaving the seen if an accident nobody else was involved just me and the cow is this right?

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2018

If you left the scene technically they have an argument, but you have a claim for your injuries and damage to your vehicle--I've had several and have won them. Contact a member of the Texas Trial Laweyrs Assn for the County where it happened--they give free consults.

2 Answers | Asked in Agricultural Law and Family Law for Georgia on
Q: Does GA have a abatement law my wife left a year nd a half ago does she still have league rights to the home

And I work out of town her daughter moved in without my consent how do I get them out

Regina Irene Edwards
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Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2018

The home is still marital property. She still has rights and can move back home any time. If you want to prevent that, you need to file for divorce and ask for exclusive possession of the home.

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2 Answers | Asked in Car Accidents, Personal Injury and Agricultural Law for Louisiana on
Q: Where does the liability rest should a farm tractor be involved in a motor vehicle accident?

When moving our tractors from one farm property to another within a 10 mile radius.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 28, 2018

Answer depends on who got the ticket and what were the circumstances. But I'm guessing the tractor not licensed so probably liability lies with the tractor.

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1 Answer | Asked in Agricultural Law for Florida on
Q: Our farm has a greenbelt but the barn is permitted ag exempt for personal use only. Can we use it for public agritourism

We are in a county that is extremely difficult to work with and they have said that if we use our barn for anything other than personal use they will revoke the building permit that we used to build our barn because it was permitted with an agricultural exemption that said it was for personal use... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2018

Florida Statute 570.85 Agritourism.— provides that:

"... Except as otherwise provided for in this section, and notwithstanding any other provision of law, a local government may not adopt or enforce a local ordinance, regulation, rule, or policy that prohibits, restricts,...
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1 Answer | Asked in Contracts, Real Estate Law and Agricultural Law for Oklahoma on
Q: Jurisdiction: Oklahoma (1) Does a grazing lease need to be notarized and (2) Does a grazing lease need to be filed?
Richard Winblad
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Richard Winblad
answered on Apr 17, 2018

No to both questions but this can be done to protect the lessee.

1 Answer | Asked in Traffic Tickets, Agricultural Law, Animal / Dog Law and Civil Litigation for Texas on
Q: My dog was hit and kill in front of me the lady took off what laws are there for her to get ticket and me compinsated

I know who did it just don't have address this happened in Colorado and was a stock/family pet

Grant St Julian III
Grant St Julian III
answered on Mar 28, 2018

You will have to contact an attorney in Colorado. The laws of that state will govern this matter, since that is where the incident occurred.

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Wisconsin on
Q: Why aren't there any federal laws that protect all animals?

I find it troubling that the states can choose what is defined as an "animal" and what is considered a crime against them. Why aren't there any federal laws that protect all animals? The AWA does not count. Doing research, I've found that all states have animal abuse laws, but... View More

Emmanuel Muwonge
Emmanuel Muwonge
answered on Feb 28, 2018

The Act you took issue with was not intended to regulate how animals are used for research purposes, but only to set standards for how they are obtained and maintained at a facility

APHIS's Animal Care (AC) program oversees the AWA, which includes about 10,300 facilities. These AC...
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1 Answer | Asked in Agricultural Law, Civil Litigation, Contracts and Landlord - Tenant for Indiana on
Q: landlord "traded" property with his brother in law and the new landlord is telling us we have to remove our livestock

Do we have any recourse to prevent or save our farm? We've never been late on our rent or caused damages

No written contract, all verbal

Former ll "manages" the property

Alexander I. Passo
Alexander I. Passo
answered on Feb 18, 2018

Is there a written agreement between you and the prior landlord?

3 Answers | Asked in Traffic Tickets, Agricultural Law and Animal / Dog Law for California on
Q: How do we look up the code section we got a ticket for? The code on the ticket is CO-B31-3A-I (infraction) stray sheep

The sheep on our unoccupied farm were spooked in the middle of night by neighbor's dog and a few ran out onto the road through the opening of a small creek (dry at the time) that runs through the property. We are not allowed to close this opening as it could hinder passage of rain runoff.... View More

William John Light
William John Light
answered on Jan 9, 2018

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAC&sectionNum=16902.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAC&division=9.&title=&part=1.&chapter=2.&article=3....
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1 Answer | Asked in Agricultural Law for Oklahoma on
Q: Am I liable for all injuries that occur on my land?
Richard Winblad
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Richard Winblad
answered on Dec 31, 2017

Sorry, your question does not provide enough information to provide an answer. It all depends upon the facts.

1 Answer | Asked in Employment Law, Sexual Harassment, Workers' Compensation and Agricultural Law for California on
Q: If your work Comp attorney wants to terminate your relationship what do I file to release him from collecting leins

My attorney spent one year subpoenaing my medical records. He post poned all QME appointments. Now he has asked me to settle my claims at an amount I question then he told me I had to take his suggestion or come pick up my files.

Is an injured worker allowed to have the defense provide an... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Dec 27, 2017

You may (1) Sign a Notice of Dismissal of Attorney, then (2) speak with or write to the defense attorney freely. You can request an 'accounting' but there is nothing in the Labor Code requiring the defense attorney provide you with anything. YOU ARE entitled to an attorney who can... View More

1 Answer | Asked in Contracts, Agricultural Law and Business Law for North Dakota on
Q: I was notified via email that I am being sued. I haven't been served yet. Does the email count as being served?

This is a commercial contract litigation for food product deliver and wrongfully rejected after 2 months of delivery. Should I wait till I get served? The case is filed in North Dakota and I am in Canada. Please advise best course of action.

Nicholas Nelson
Nicholas Nelson
answered on Dec 18, 2017

There are certain ways that service must be made in North Dakota, outlined in North Dakota Rules of Civil Procedure Rule 5. Good luck!

1 Answer | Asked in Real Estate Law, Agricultural Law and Landlord - Tenant for Florida on
Q: Hello , my apartment has mold that is not elevated,but I get terrible hives when I'm there. Do I need to disclose result

Of test to landlord legally? Or should he perform his own testing since I paid for the original test.my Dr advised me not to live there since I have lupus and my hives and swelling are severe. I just want to be released from the lease agreement.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Nov 27, 2017

Best advice is that you need to consult with a tenant attorney ASAP. There is a way to get out of a lease, but you must follow the proper steps and set it up correctly. You need hands on legal advice not a blurb from this site.

Good luck,

2 Answers | Asked in Business Law, Agricultural Law and Gov & Administrative Law for New Jersey on
Q: Can a Brewpub in NJ sell beer online?

Can a Brewpub in NJ that holds a plenary retail consumption license and restricted brewery license sell beer online via their website?

(N.J.A.C. 13:2-35.1, et seq .) These sales of package goods, however, may only take place from the principal public barroom

Many online services... View More

Paul J. Riviere
Paul J. Riviere
answered on Nov 20, 2017

No. Only wine. With the the necessary license.

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1 Answer | Asked in Business Law, Gov & Administrative Law and Agricultural Law for New Jersey on
Q: Can a NJ establishment that holds a plenary retail consumption license and restricted brewery license ship to consumers?

I am in the process of purchasing a location that holds a plenary retail consumption license and restricted brewery license in NJ

I have a few quick questions I am hoping you can help me with to ensure compliance:

1) Will I be able to sell beer that is brewed by another brewery?... View More

Paul J. Riviere
Paul J. Riviere
answered on Nov 20, 2017

Plenary Retail Consumption License ("33")?

This license permits the sale of alcoholic beverages for consumption on the licensed premises by the glass or other open container. The license also allows the sale of package goods for consumption off the licensed premises. These sales...
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2 Answers | Asked in Wrongful Death, Agricultural Law and Animal / Dog Law for West Virginia on
Q: Hi I had a person to come and pick up a bull from my farm he kept saying he would

So he was suppose to collect the bull on a Friday but never came and the bull died on Sunday does he have any fault in the bull not been taken

D. Michael Burke
D. Michael Burke
answered on Nov 2, 2017

It does not appear that the "bull collector" did anything cause the bull to die, so I do not see how he could be responsible for any damages for the bull's death.

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1 Answer | Asked in Agricultural Law, Animal / Dog Law and Car Accidents for Pennsylvania on
Q: I hit a cow on a rural roadway. Who pays for the damage's
Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Assuming you couldn't avoid it the owner of the cow is responsible for your damages and any injuries. If no injuries, and you have collision, run it through your company and they can go after the farmer.

1 Answer | Asked in Agricultural Law, Animal / Dog Law and Civil Rights for California on
Q: Does law enforcement have legal right to force you to abandon your pets in case of emergency? During rescue?
Louis George Fazzi
Louis George Fazzi
answered on Sep 6, 2017

Depending on the circumstances, police authorities can compel you to leave your property promptly, even if it causes you to abandon your pet(s). It all depends on the nature of the emergency.

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