I make no secret on this blog that I believe farmers and ranchers should make sure to get contracts in writing, including farm or ranch leases. I want to stress that this is just as important for a family farm where the Landlord and Tenant may be family members. Even if the Landlord and Tenant are different entities (with the …
Completed NY Child Custody & Visitation Mediation Training
This weekend I completed New York child custody and visitation mediation training in Queens at Community Mediation Services, Inc. It was a complementary training to my divorce mediation training this winter with the New York Peace Institute. I am continually impressed by the quality of the education at our Community Dispute Resolution Centers (“CDRC”) in the state of New York. …
Missed the Local Food CLE? Don’t Worry, You Can Get the Recording
Last Thursday I moderated a fantastic local food law CLE (i.e., “Continuing Legal Education”). The faculty worked hard putting together substantive materials for the attendees including relevant ancillary materials (such as this, this, and this). If you missed the live webinar, you can purchase the CLE from the American Bar Association’s (“ABA”) webstore here. Though the CLE was directed to …
Types of Farm Leases: Cash-Rent vs. Crop-Share
Happy Friday! Last week, I stumbled across Rusty Rumley’s powerpoint presentation on “Agricultural Contracts and the Leasing of Land.” Rusty does a great job giving an overview of the building blocks. He’s a great teacher — he was one of my instructors in this agriculture law course last year— and I suggest looking at his presentation along with other useful …
Follow My Tweets from the National Cattlemen’s Beef Association Convention
I made it safe and sound to Opryland in Nashville, Tennessee, for the National Cattlemen’s Beef Association (“NCBA”) Annual Convention and Trade Show. I will be at Cattlemen’s College today and this tweet-up this evening with these awesome ag tweeps. Tomorrow afternoon and evening I will be at the Young Producer’s Council (“YPC”) (@YPCBeef) meeting and reception. I’m also on …
Arguments Over Fencelines? Law of Adverse Possession
Sometimes farms and ranches may have fencelines up for generations and then one day a land survey will tell a different story. An article by Jay Girvin in the July 18, 2011 issue of Country Folks reminded me about this potential issue affecting the agriculture community. In these cases, the law of adverse possession applies. This is a common law …
ABA Journal & Blawg Directory
I have two very exciting announcements today. First, this month’s ABA Journal has an article on yours truly! You can read the full article here. I’m very proud to be one of the few cowgirls in NYC (and I think the only agriculture attorney). Thank you to all my family, friends, colleagues, support staff, “ag tweeps” and regular blog readers …
Liability in Highway Accidents Involving Livestock
There was an interesting article on page 5 of the May 16, 2011 edition of County Folks by Jay Girvin, Esq. of Girvin & Ferlazzo, P.C. about whether a livestock owners can be held liable if their animal wanders off their farm and causes a highway accident. You can review the full article online here. Mr. Girvin accurately noted that …
Downtown Lawyers
For the last year, I have been a member of the Downtown Lawyers group here in New York City. It is comprised of attorneys who practice law in New York City in a myriad of practice areas including bankruptcy, estate planning, elder law, business law, personal injury, employment law, immigration, matrimonial law, tax law, landlord-tenant law, intellectual property, criminal law, …
Role of Buyer’s Attorney in Real Estate Closing
I have had several real closings this week and was reminded this morning of this pamphlet from the New York State Bar Association (“NYSBA”) on the Attorney’s Role in Home Purchases. Most of us will purchase property at some point in our lives. The pamphlet properly describes the various responsibilities of the Buyer’s/Borrower’s attorney in real estate transactions including, but …
“Peace Officers”: New York Is Not Alone….
If you have been following this blog then you know that I have written several posts and articles relating to livestock animal cruelty law in New York. Pursuant to New York Agriculture & Markets Law, duly incorporated animal societies (principally the New York Society for the Prevention of Animal Cruelty (“SPCA”)) can obtain warrants to search and seize farm animals. …
Wind Energy Property Agreements
I came across a great article this morning by Jessica Shoemaker from the Farmers’ Legal Action Group, Inc. (“FLAG”) titled “Negotiating Wind Energy Property Agreements.” You can find the article online here. I also co-authored an article on wind leases that you can find here. If you are interested in negotiating a wind lease on your farm or ranch I …