Episode 36 of Ag Law Today: Conservation Easements

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Don’t miss this episode of Ag Law Today where I talk conservation easements with Florida agriculture lawyer, Jesse Haskins.

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Illinois Property Law: A Word on Partition Proceedings

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In a partition lawsuit, all of the parties who have an interest must be sued. See 735 ILCS 5/17-103.  The suit must be filed in the county where the property is located. See 735 ILCS 5/17-101.  When jurisdiction over everyone is established, the judge appoints a commissioner to investigate the property. See 735 ILCS 5/17-106.  For things like farm land, …

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Overview of Farm Leases

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For farmers purchasing land is not always an option or the best option for their purpose. In those cases, leasing land may be a better option. For leasing land, there are multiple options: 1. Cash-Rent Leases: A cash rent lease is where the tenant usually pays a fixed dollar amount in rent and it may be modified based on crop …

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Lawline Presentation: Overview of Common Agriculture Contacts

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<iframe width=”560″ height=”315″ src=”https://www.youtube.com/embed/aYx8HfACKKg” frameborder=”0″ allowfullscreen></iframe>   Here is the video of the presentation that I gave to Lawline this past summer on an Overview of Common Agriculture Contracts.  You can download the slides and the presentation materials that go along with this presentation and get Continuing Legal Education (“CLE”) credits (for you lawyers out there) via Lawline here.  This …

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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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Adverse Possession with Farms

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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 …

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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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Farm Purchase Agreements

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Making any type of purchase can be a lengthy process and the purchaser should know what he or she is purchasing before signing the agreement. One important aspect of making a land purchase is the inspection. The purchaser should do a physical inspection of the property as well as a legal inspection. For the physical inspection of the property, the …

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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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Upcoming Agriculture Law CLE on 1031 Exchanges

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As I noted in this post, I will be moderating a Continuing Legal Education (“CLE”) webinar on May 29th at 2pm ET for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division (“GP Solo”) Agriculture Law Committee on 1031 Exchanges.  (Whew- that’s a mouthful).  Members of the American Agriculture Law Association (“AALA”) can attended at the ABA …

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Save the Date: CLE on 1031 Exchanges

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I will be moderating another Continuing Legal Education (“CLE”) webinar for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division (“GP Solo”) Agriculture Law Committee on May 29, 2014 at 2pm ET. on “1031 Exchanges for the Agriculture Industry“.   Faculty members will include: 1.  Max Hansen,Esq.  President and CEO of the American Equity Exchange, Inc. in …

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