Agriculture Law Education Initiative

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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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    Agricultural Law Education Initiative Brochure
    (2014-08) Agriculture Law Education, Initiative
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    Agricultural Law Education Initiative Brochure
    (2015-06) Initiative, Agriculture Law Education
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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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    Agricultural Water Law in Maryland: The Water Appropriation Application Process and Use in a Time of Drought
    (2016-08) Ellixson, Ashley; Everhart, Sarah
    To conserve and protect the State's water resources the State of Maryland controls the appropriation or use of its surface waters and groundwater. State law requires all agricultural operations to comply with the water appropriation permitting process, including traditional forms of agriculture, livestock and poultry operations, nursery operations and aquaculture.
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    ALDF v. Otter
    (2015-11) Hawley, Erin
    Presentation delivered on Nov. 5th for a webinar covering the recent ALDF v. Otter ruling.
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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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    CSA Contracts: what Not to do
    (2015-02) Newhall, Ashley
    Presentation covering common mistakes in CSA contracting.
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    CSA Labor Issues
    (2015-02) Everhart, Sarah
    Presentation covering labor law issues common for CSA operators.
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    Fillable Poultry House Rental Agreement
    (2015-08-07) Everhart, Sarah
    Sample Poultry House Rental Agreement
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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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    How to Lease Your Land With a Conservation Easement
    (2016-09) Suri, Mayhah; Goeringer, Paul
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    Legal Issues in Animal Agriculture: Farm Protection Laws
    (2015-11-05) Newhall, Ashley
    Presentation delivered on Nov. 5th for a webinar covering the recent ALDF v. Otter ruling. Presentation was presented by Ashley Newhall.
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    Legal Responsibilities When Hiring Migrant, Seasonal and H2-A Visa Workers
    (2015-10) Everhart, Sarah
    When farmers need to harvest a large amount of crops in a short period of time, migrant, seasonal, and H-2A Visa workers can often be the best solution to complete the job quickly and affordably. However, there are specific Federal and state legal duties and responsibilities for farmers who employ these types of workers and substantial criminal and civil penalties for failing to adhere to the law.
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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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    Maryland Farm Internships and Labor Laws
    (2016-05) Everhart, Sarah
    Many farms across Maryland use interns to lighten the overall farm workload and help young people gain practical farming knowledge. Although interns can be a welcome addition to a farm’s workforce, farm employers need to be aware of how to properly compensate interns and the legal consequences of adding them to the payroll.
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