Agriculture Law Education Initiative

Permanent URI for this communityhttp://hdl.handle.net/1903/15555

Browse

Now showing 1 - 17 of 17

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.
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.
Current Legal Rules Benefit Spray Applicators When It Comes to Pesticide Drift
(2016-09) Goeringer, Paul
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.
How to Lease Your Land With a Conservation Easement
(2016-09) Suri, Mayhah; Goeringer, Paul
Legal Liability of Saving Seeds in an Era of Expiring Patents
(2015-03) Goeringer, Paul
Privacy Issues and the Use of sUAS/Drones in Maryland
(2015-11) Goeringer, Paul; Ellixson, Ashley; Moyle, Jon
According to the Federal Aviation Administration (FAA), the lawful use of Unmanned Aerial Vehicles (UAV), also known as Unmanned Aircraft Systems (UAS), or more commonly as drones, are currently limited to military, research, and recreational applications. Under the FAA’s view, commercial uses of drones are illegal unless approved by the Federal government. This will change in the future. Congress authorized the FAA to develop regulations for the use of drones by private parties in the U.S by September 30, 2015 (FAA Modernization Act of 2012). FAA missed this deadline, but expects comprehensive regulations for drones to be completed by June 2016 (Jansen, 2015). History shows that the law rarely keeps up with technology. Courts often struggle when applying existing laws and previous rulings to modern technology. State legislatures can help clearly define some of the rules to guide courts in how to handle new technology. Drones have the potential to benefit producers (through crop and livestock monitoring), but they present new challenges as other groups begin to use the technology.
Property Ownership and Transferring Are Important Features of Your Farm Succession Plan
(2017-02) Goeringer, Paul
Many people think an estate plan is just a will, but it is much more than that. Your estate plan will typically include documents and tools to distribute your property according to your wishes following your death. When it comes to transitioning your farm or any family business to the next generation, how property is owned and the property transfers prior to your death can be important features of your succession plan or estate plan. Titling property in a joint tenancy with rights of survivorship allows you to choose who inherits upon your death and to transfer the property outside the will. Transferring property, such as through gifting, allows property to go to the next generation prior to your death and provides control over who gets your property.
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.
Taking Biosecurity Measures to Limit Your Legal Liability for the Spread of Avian Influenza
(2015-09-17) Goeringer, Paul; Moyle, Jon; Newhall, Ashley
The possibility of an avian influenza (AI) outbreak on the Delmarva is a scary possibility. The recent AI outbreak in the Midwest has resulted in the infection of over 48 million birds on 223 farms. Infected birds are euthanized to help contain the disease, resulting in large economic loss to both the grower and integrator. With this in mind, poultry growers and companies often have questions about potential liability if AI breaks out on one farm (Grower A) and then on a neighboring farm (Grower B). Could Grower A be liable to Grower B for damages caused by the disease? Under the traditional view, Grower A would not be liable for the spread of the disease unless it was shown that Grower A was negligent. Growers, poultry companies, and contractors practicing biosecurity measures can demonstrate he/she was not negligent and is working to prevent the spread of AI
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
Understanding Agricultural Liability: Legal Risk Management Considerations
(2015-05) Goeringer, Paul
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.
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.
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.
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.
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.