College of Agriculture & Natural Resources

Permanent URI for this communityhttp://hdl.handle.net/1903/1598

The collections in this community comprise faculty research works, as well as graduate theses and dissertations.

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Subject: search.filters.subject.agricultural law

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Now showing 1 - 10 of 11
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    Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by COVID19?
    (2020-04-10) Goeringer, Paul; Thilmany, Elizabeth; Suri, Mayhah
    2020 has been a challenging year with the global economic shutdown from COVID-19 leading to disruptions in many industries. Agriculture has had its fair share of disruptions from this global pandemic. Such disruptions have raised questions for many of you about your contracts to supply farm products to businesses, such as restaurants or schools, that no longer need those products due to shutdowns. You may also have issues finding labor to help move products to customers. Contracts between suppliers and customers often include provisions called force majeure clauses. These clauses allow one or both parties in a contract to excuse the performance, in this case, the fulfillment, of the contract in certain situations.
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    Valuing On-Farm Heir’s Sweat Equity Is Complicated: Agreements Can Fairly Compensate On-Farm Heirs
    (2018-10) Grahame, Mason; Johnson, Dale; Onumajuru, Catherine; Goeringer, Paul
    Determining the value of sweat equity can be both challenging and controversial for farm families. Sweat equity arises as an issue when an on-farm heir receives payment at below market rate, and the farm business grows in size due to an on-farm heir’s below-market labors. Land in the farm may also appreciate in value due to the work of the on-farm heir. It is important to note that the best solution for handling sweat equity is to agree early on to pay the on-farm heir at a market rate. Handling sweat equity early on may necessitate the on-farm heir also working off the farm for additional income if the farm cannot support an additional person fulltime. It is important to discuss the farm succession plan and limit the possibility of sweat equity claims at an early stage of farm expansion.
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    Considerations for Equine Lease Agreements
    (2017-04) Bhadurihauck, Sara; Goeringer, Paul
    Offering a horse for lease can be a good option for an owner who is unable to ride or care for their horse due to physical, time, or financial constraints but still wishes to maintain ownership. A lease can be an alternative to selling the horse, a way to cut maintenance costs, or an avenue to ensure the horse remains in work. While some verbal contracts are considered binding in Maryland, getting the agreement in writing is a good idea. A well-written lease can protect the owner (also called the lessor) and the lessee (the person leasing the horse) from liability and ensure both parties understand their rights and responsibilities. An equine lease can take many forms, depending on how the lease agreement is constructed. Consider the following items when preparing or reviewing a written lease agreement.
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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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    Recent Developments with Right-to-Farm Laws
    (2016-04-04) Ellixson, Ashley; Lashmet, Tiffany; Goeringer, Paul
    Copy of presentation utilized on April 4 webinar covering recent developments in right-to-farm laws and constitutional amendments.
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    Understanding Agricultural Liability: Premise’s Liability
    (2015-12) Goeringer, Paul
    You can take steps to limit your potential liability by understanding your legal obligation or duty to protect visitors and other third parties from foreseeable harm. You also will need to know to whom you owe the duty and what duty others may owe to you. Steps you can take to limit your liability include obtaining insurance, procuring releases, and providing warnings. You should work with a licensed attorney in your area and your insurance agent to identify the tools that will work best for you.
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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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    2014 Legal Services Directory
    (2014-04) Agricultural Law Section, Maryland State Bar Association