I wrote an article recently on the legal side of farm photography, which can be accessed from my JD Supra page here. The article gives a brief overview of the law of photography and the need for a model release and/or property release in some circumstances. Happy reading!
Overview of Agriculture Production Contracts
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 …
Livestock Purchase Agreements
Purchasing livestock can be a complicated process, particularly when it comes to the agreement. Before signing a purchase agreement for livestock, whether commercial or seedstock, there are certain terms that should be included. For commercial livestock purchase agreements, the following terms should be part of agreement: Description of Animals: The type of animal to be purchased and description of the …
Adverse Possession with Farms
When does “the back forty” become “the back forty-two”? The subject of acquiring title to property by adverse possession always seems to generate interest and discussion, but when the facts and the law are peeled back far enough, adverse possession is rare. Adverse possession is the acquisition of title (not use) to property by possession. From a practical standpoints, courts …
Types of Real Property Joint Ownership for Farms
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 …
Overview of Grazing Leases
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 …
Presentation on Common Agriculture Contacts
[slideshare id=64362431&doc=overviewofcommonagriculturecontracts-7-25-16-160725160412] I will be going through the above presentation for a live webcast this Thursday at 3:30pm ET via Lawline. The recording will be available soon after my presentation via Lawline. You can register for the live webcast here. In this presentation, I will be discussing a few of the major contractual issues that affect production agriculture including agriculture production …
New York Agriculture Liens: Truckman’s Lien
Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman. See NY Lien Law § 187[1]. Possession of the property is required for this lien. Please note that …
New York Agriculture Liens: Lien on Stray Animals
Under NY Town Law § 310, if a person has any strayed horses, cattle, sheep, swine, goats or other livestock animal upon their property which is not adjoined to the livestock owner’s property (in other words, not your immediate neighbor), then that person may have a lien claim against the stray animals. The livestock must have caused property damage and the escape of the …
How to Make a Freedom of Information Act Request – Part 1
This is Part 1 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 1: Decide If It Is Necessary To File a FOIA Request Not all agency records require a written FOIA request. In 1996, Congress passed the Electronic Freedom of Information …
Lawline Lecture: Overview of New York Animal Welfare Law
I gave this Lawline lecture last December on New York farm animal welfare law. I first talk about animal welfare laws from the national perspective and then move into New York specifically. I think it helps to see the forest for the trees and better understand where New York fits in nationally with these issues. I discuss both misdemeanor and …
Lawline Presentation on New York Farm Animal Welfare Law
I will be giving a Lawline presentation tomorrow, November 12, 2015 from 3:30 to 4:30pm on New York Farm animal welfare law. The live webcast is tomorrow but the recording will be available via Lawline later. Continuing Legal Education (“CLE”) credit is available. This outline (posted on my JD Supra page) is New York specific but my presentation does talk …