[slideshare id=67083532&doc=overviewoftheveterinaryfeeddirective-161012174759] This presentation was created for the upcoming Lawline.com presentation titled “Lawyer’s Guide to the Veterinary Feed Directive.” The Lawline presentation will be on November 3, 2016 at 3:30pm ET. It is a more expanded presentation from the one that I gave a few weeks ago in Oklahoma City, OK at the American Agriculture Law Association (“AALA”) Annual Meeting. …
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 …
New York Agriculture Districts and Right-to-Farm
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 …
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 …
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 5
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, …
How to Make a Freedom of Information Act Request – Part 4
This is Part 4 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 4: Wait for Government Response Federal governmental agencies are required to respond to FOIA requests within twenty business days, excluding weekends and holidays, beginning from receipt of …
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 …