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 …
New York Agriculture Liens: Stableman’s Lien
Under Section 183 of NY Lien Law, any veterinarian who renders treatment to or boards any dog, cat, or other domestic animal or person keeping a livery stable, boarding stable or pasturing animals has a lien over the animal and any equipment kept and stored in conjunction with the animal, such as a “wagon, truck, cart, carriage, vehicle or harness”. Possession of this …
New York Agriculture Liens: Liens for Service of Stallions or Bulls
Under Section 160 of NY Lien Law, the “owner of a stallion or bull shall have a lien on each mare or cow served together with the foal or calf of each mare or cow from such service, for the amount agreed on at the time of service. . .” However, said lien will not be able to be enforced if the owner falsely states the …
New York Agriculture Lien Law: Landlord’s Lien
A landlord’s lien used to be superior to other creditors’ claims; however, in New York, it does not arise automatically because a landlord-tenant relationship is created. Landlords who want to retain title to the products of the land against the tenant’s other creditors must explicitly include a provision to that effect in the lease. Both the landlord and tenant should memorialize their …
New York Agriculture Liens: Background
The scope of the revised Uniform Commercial Code (“UCC”) Article 9 is newly expanded to cover the perfection, priority, and enforcement of nonpossessory “Agricultural Liens” in the farm products of those borrowers involved in farming operations. The definition of “agricultural liens” is different than the broader and more general category of “secured interest”. UCC Article 9 does not supersede any existing statutory …
How to Make a Freedom of Information Act Request- Part 6
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” …
Transcript from Keynote Presentation and Direct Farm Marketing Roundtable
Last fall, I had the pleasure of giving the Keynote address at the University of Tennessee College of Law’s Agriculture Law & Policy Symposium. My presentation from my “National Agriculture Law Update” is found here. I was also on a roundtable discussing direct farm marketing. The presentation materials are found here. Recently, the Tennessee Journal of Law and Policy published …
Recording Available for Food & Ag Law Insurance CLE
One of the most common questions that I get from food and farm clients has to do with insurance. It affects every kind of business (including law practices!). It’s important for food and agriculture lawyers to have a cursory understanding on the breadth of issues that can arise with insurance in dealing with food and agriculture clients. Because of this, …
Interested in Learning More About Insurance for Farms, Ranches, Agri-Businesses and Food Entrepreneurs?
I moderated a webinar for the American Bar Association’s (“ABA”) General Practice Solo & Small Firm Division’s Agriculture Law Committee on insurance for the farmer, rancher, agri-business or food entrepreneur. The recording is available for purchase here. This is a substantive CLE program covering many types of insurance including, but not limited to, Farmowners’ Comprehensive Liability Program (“FCLP”), commercial insurance, …
Register for the Upcoming Food/Ag Insurance Webinar for ABA
I will be moderating a CLE for the American Bar Association, General Practice Solo & Small Firm Division’s Agriculture Law Committee on September 15, 2015 at 2pm ET (1pm CT) titled “Counseling Farmers & Ranchers, Agri-Businesses and Food Entrepreneurs on Insurance.” Faculty members include Theodore A Feitshans, Mike Kelly, Maggy Gregory, Javan Grant and Rachel Armstrong. You can register for …