Happy Columbus Day! I’m back from Oklahoma from the American Agriculture Law Association (“AALA”) Annual Educational Symposium. Hopefully you followed along with my tweets from the conference with a #AALA16 hashtag. If you missed my presentation on the Veterinary Feed Directive (“VFD”) last week in Oklahoma then I have good news for you. I will be giving a webinar on …
Custom Feeding Arrangement Agreements
A custom feeding contract is between a livestock owner and a livestock feeder with market animals. The following information should be included in the contract: 1. Identification of Livestock: This includes type, weight, sex, and breed/color of the livestock. 2. Feeding and Nutrition: The contract should specifically detail the feeding regimen, including the type of feed, feeding schedule, access to …
Overview of the Veterinary Feed Directive
The below presentation was prepared for the upcoming American Agriculture Law Association (“AALA”) Annual Educational Symposium to be held in Oklahoma City, OK. This presentation will be given in the stockyards on October 6, 2016. It first lays the background of the Veterinary Feed Directive (“VFD”) and then delves into the requirements of various stakeholders including (1) veterinarians, (2) livestock producers, …
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 …
Upcoming Presentation at AALA on Veterinary Feed Directive
I will be presenting at the American Agriculture Law Association (“AALA”) Annual Educational Symposium, October 6-8, 2016 in Oklahoma City on the Veterinary Feed Directive. I’m super excited because my presentation will be in the STOCKYARDS on October 6th at 4:00pm. Can we say Cowgirl Lawyer? (I will be wearing cowboy boots…) I will be updating the below presentation that …
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 …
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 …