Agriculture Law Education Initiative
Permanent URI for this communityhttp://hdl.handle.net/1903/15555
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Item Property Ownership and Transferring Are Important Features of Your Farm Succession Plan(2017-02) Goeringer, PaulMany 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.Item Current Legal Rules Benefit Spray Applicators When It Comes to Pesticide Drift(2016-09) Goeringer, PaulItem How to Lease Your Land With a Conservation Easement(2016-09) Suri, Mayhah; Goeringer, PaulItem Recent Developments with Right-to-Farm Laws(2016-04-04) Ellixson, Ashley; Lashmet, Tiffany; Goeringer, PaulCopy of presentation utilized on April 4 webinar covering recent developments in right-to-farm laws and constitutional amendments.Item Understanding Agricultural Liability: Premise’s Liability(2015-12) Goeringer, PaulYou 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.Item Privacy Issues and the Use of sUAS/Drones in Maryland(2015-11) Goeringer, Paul; Ellixson, Ashley; Moyle, JonAccording 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.Item Taking Biosecurity Measures to Limit Your Legal Liability for the Spread of Avian Influenza(2015-09-17) Goeringer, Paul; Moyle, Jon; Newhall, AshleyThe 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 AIItem 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, WeleItem Understanding Agricultural Liability: Legal Risk Management Considerations(2015-05) Goeringer, PaulItem Legal Liability of Saving Seeds in an Era of Expiring Patents(2015-03) Goeringer, Paul