Agriculture Law Education Initiative

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    Agricultural Leasing in Maryland
    (2013-01) Goeringer, Paul
    Maryland farmers understand the importance of leases in their operations. From land to equipment, Maryland farmers use varying forms of agreements in their business operations. With the leasing of land, leases for a period of less than one year can be oral and there is no requirement the lease be in writing. Even if the lease can be oral, the landlord and tenant should still consider putting the lease in writing to provide both with a written record of the terms agreed to. Any lease longer than one year will be required to be in writing and signed by the parties involved. The tenant will be the one to request a renewal and a landlord can never force a tenant to renew a lease. Termination will depend on either the termination process in the lease or when the lease is silent on termination on state law which requires either the landlord or tenant to give at least 6 months’ notice of the desire to terminate the lease. Unless specified in the lease, a landlord retains no right to reenter the property or to allow new tenants to enter the property to begin preparing fields for planting before the current lease terminates. The landlord can specifically request the right to reenter in the lease. Other issues to consider when negotiating a lease are how to split repair costs, which party will be responsible for noxious weed control, and when the tenant will be required to purchase crop insurance or how crop insurance costs will be split, depending on the type of lease the parties have. This publication will provide an overview of some issues to be considered by both landlords and tenants when negotiating lease agreements.
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    Understanding the Diverse Legal Needs of the Maryland Agricultural Community
    (2014-08) Goeringer, Paul; Zhang, Wanding; Lynch, Lori; Tubene, Stephan; Pons, William
    Agriculture’s total impact on the Maryland economy was $8.25 billion in 2010, accounting for over 22,000 jobs. According to the 2012 Census of Agriculture, Maryland had over 12,000 agricultural operations producing a diverse range of agricultural commodities: poultry, dairy, grain, equine, nursery, greenhouse products to name just a few. This article highlights results from a University of Maryland’s Agriculture Law Education Initiative (ALEI) needs assessment in 2013. The assessment provided the legal community a deeper understanding of the legal needs of the state’s agricultural producers. The assessment consisted of 23 structured interviews and a survey of University of Maryland Extension (UME) agricultural faculty. Legal issues related to environmental regulations, land use, Maryland Department of Agriculture (MDA) programs, business planning, and marketing and diversification ranked near the top on both the UME survey and the structured interviews. UME survey results show potential regional differences among the top legal issues. For instance, on Maryland’s Eastern Shore, legal issues related to the environment, divorce, and debt were important, whereas in Southern Maryland legal issues related to the environment, estate planning, and business planning were seen as important. Finally, the survey results suggest the appropriate form of outreach on many of these issues.Results from the structured interviews and UME survey provide ALEI a wealth of information and understanding on the legal issues that impact the Maryland agricultural community. The information in this initial needs assessment will also aid attorneys, state agencies, members of the Maryland General Assembly, and other groups working with the state’s agriculture community in understanding the agricultural community’s legal issues.
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    Agricultural Law Education Initiative Brochure
    (2014-08) Agriculture Law Education, Initiative
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    Checklist for Hanging No Trespassing Signs
    (2014-09-23) Goeringer, Paul
    This short checklist provides you with an idea of the number of no trespassing signs you should consider hanging on your property.
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    Understanding Agricultural Liability: Maryland Fencing Law
    (2014-10) Goeringer, Paul
    A fence is defined as “a barrier intended to prevent escape or intrusion or to mark a boundary; especially: such a barrier made of posts and wire or boards” (Merriam-Webster, 2012). In dealing with Maryland livestock producers, Maryland courts have adopted the traditional common law rule of “fence-in.” This article limits its scope to Maryland law and does not attempt to include any relevant county regulations on fencing, except for Howard, Kent, and St. Mary’s Counties’ regulation; check your county’s regulations to determine if any are related to division fence requirements.
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    Understanding Agricultural Liability: Livestock and Other Farm Animals
    (2014-11) Goeringer, Paul
    Animal agriculture carries certain potential legal risks for liability from injuries caused by livestock. A horse owned by a stable operator, for example, may throw or kick a rider. Cattle may injure a farm visitor. An ornery goat or ram might insist on giving anyone who enters the field a solid head butt, or an unfriendly goose might give chase. You get the point. As a livestock owner, you need to understand the laws concerning liability for personal injuries caused by livestock in order to develop a risk management plan for your operation. This fact sheet contains the information you will need to understand the possible legal risks and develop strategies to limit potential liability. Remember it is unlikely that you will be able to limit 100 percent of the legal risk you face in any facet of your agricultural operation. There are only tools available, such as insurance, hanging warning signs, or developing strategies for dealing with potentially dangerous livestock that can work to limit a portion of that liability.
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    When Can the Government Enter Your Farm?
    (2015-02) Everhart, Sarah
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    CSA Labor Issues
    (2015-02) Everhart, Sarah
    Presentation covering labor law issues common for CSA operators.
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    Whole Farm Revenue Protection new Farm Bill crop ins. protection programs for Farmers
    (2015-02) Connelly, Steve
    Presentation presented at CSA workshops by Steve Connelly on crop insurance products available to CSA operators.
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    CSA Contracts: what Not to do
    (2015-02) Newhall, Ashley
    Presentation covering common mistakes in CSA contracting.
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    Using a Business Organization Structure to Limit Your Farm’s Liability
    (2015-03) Newhall, Ashley; Goeringer, Paul
    In Maryland, 82.7 percent of agricultural operations conduct business as sole proprietorships (Census of Agriculture, 2012). As agriculture continues to evolve, however, producers should consider investigating all types of business organization structure for their operations to limit liability and provide additional forms of capital.
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    Form Community Supported Agriculture Contract
    (2015-03) Goeringer, Paul; Newhall, Ashley; Everhart, Sarah
    This is a sample contract developed by the Department of Agricultural and Resource Economics and the Agriculture Law Education Initiative to aid CSA operators in developing their own written contracts.
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    2015-16 Legal Services Directory
    (2015-06) Agriculture Law Section, Maryland State Bar Association
    Directory of members as of June 2015 of the Maryland State Bar Association's Agriculture Law Section.
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    Understanding A Community Supported Agriculture Agreement: What Should Be Included In A Good CSA Membership Agreement?
    (2015-06) Goeringer, Paul; Newhall, Ashley; Everhart, Sarah; Elangwe, Wele
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    Agricultural Law Education Initiative Brochure
    (2015-06) Initiative, Agriculture Law Education
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    Legal Rulings in Animal Agriculture: An Environmental Law Update
    (2015-08) Ferrell, Shannon
    Presentation used by Shannon Ferrell for his presentation on August 6 covering recent legal developments in animal agriculture.
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    Fillable Poultry House Rental Agreement
    (2015-08-07) Everhart, Sarah
    Sample Poultry House Rental Agreement