Livestock Leases

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Leasing livestock, rather than buying it, can be a better option for many farmers depending on the situation. Leases are available for different types of livestock and the agreement should include the following clauses: 1. Description of Animals: The lease should include how many of the livestock are being leased and descriptions of the animals, including any special identifying features. …

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Overview of Agriculture Production Contracts

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An agriculture production contract is an agreement where a producer agrees to raise a commodity in a manner established by the contractor and to deliver the commodity to the contractor while the contractor agrees to pay the producer in return.  A commodity can include livestock, raw milk, and crops. Livestock may include beef cattle, dairy cattle, sheep, and swine, while …

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New York Fence Law

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In New York, property owners grazing livestock are required to erect, maintain and repair the fenceline.  Under New York Town Law § 300, each owner of two adjoining tracts of land is required to erect and maintain a fence to keep his/her grazing animals separate, unless they agree (in writing) to let their lands lie open to allow the animals to …

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Types of Real Property Joint Ownership for Farms

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    You can own a piece of real estate jointly with another person or persons.  Joint ownership means that each co-owner owns a given interest in the entire piece of real estate – usually, each owns an equal, but not necessarily. What does it mean to co-own property jointly with someone?  Even if two people each own an equal interest …

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New York Agriculture Districts and Right-to-Farm

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NY Agric. & Mkts § 300 et seq. sets forth agricultural districts in New York.  “The socio-economic vitality of agriculture in this state is essential to the economic stability and growth of many local communities and the state as a whole. It is, therefore, the declared policy of the state to conserve, protect and encourage the development and improvement of its …

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Overview of Grazing Leases

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A grazing lease is an agreement in which a landowner allows a tenant to graze livestock on the landowner’s property. For parties involved in these types of agreements, it is important to specify terms of the lease, which address the landowner and the grazer’s rights and responsibilities. Any type of contract should have basic terms in the contract, including identification …

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Land Uses with Urban Agriculture

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Although land use and zoning issues can also affect agriculture in rural areas throughout New York state, an urban or suburban farmer should carefully review the zoning code.  According to Dean Patricia Salkin at Touro Law Center in the “Counseling the Local Food Movement” webinar with the American Bar Association, there are several zoning mechanisms that can be used to promote small-scale …

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How to Make a Freedom of Information Act Request- Part 6

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This is Part 6 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“.  Make sure to read the previous 5 blog posts to get the full picture!  Step 6:  Review FOIA Request After the agency has received your fees, it will process your request. The agency may send you a written “initial determination” …

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How to Make a Freedom of Information Act Request – Part 5

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This is Part 5 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“.  Please stay tuned for the other blogs for the full picture!   Step 5:  Pay Fees There is no initial fee to file a FOIA request; however, federal agencies are allowed to request “reasonable standard charges for document search, duplication, …

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How to Make a Freedom of Information Act Request- Part 3

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This is Part 3 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“.  Please stay tuned for the other blogs for the full picture!   Step 3:  Draft and Mail Your Written FOIA Request Letter You cannot make a FOIA request to a federal agency over the telephone. All FOIA requests must be …

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How to Make a Freedom of Information Act Request- Part 2

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This is Part 2 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“.  Please stay tuned for the other blogs for the full picture!   Step 2:  Choose The Government Agency or Agencies To Request Documents On either the federal or state level, there is not one central office that manages all …

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