Dairy Able to Build Barns, But What About Using Property For A Dairy?

 

Fall Colors in Door County

Photo by Elvis Kennedy via flickr.com

 

This post is not legal advice.  

I am taking a break from highlighting new articles available to discuss a recent court decision. In a recent Wisconsin decision, the court held that a dairy did not have a vested right to use the land for the planned dairy operation. In a prior decision, the court had found a vested right to build barns based on filing a building permit. Although this can create a conflict, ability to build the barns, but not utilize the land for the purpose, Maryland law allows for solutions that would protect landowners in these situations. Continue reading

Forthcoming Fact Sheet To Cover Legal Issues With Saving Cover Crop Seed For Replanting

 

Harvesting wheat near Pendleton, Oregon.

Image by Oregon State University, Flickr.com

I’m taking a break from legal issues to highlight forthcoming articles that might interest some of you.  I’ve gotten the opportunity to work with Dale Morris, Turfgrass and Seed, Program Manager with Maryland Department of Agriculture, and Dr. Bob Kratochvil, Associate Professor and Extension Specialist, Department of Plant Science and Landscape Architecture, University of Maryland, to let Maryland producers understand legal issues associated with using saved seeds to plant a cover crop. Continue reading

Forthcoming Article: Community Supported Agriculture: How Do Maryland Operators Manage Legal Risks?

download     In 2015, I got the opportunity to work on a project to develop materials to assist Maryland community supported agriculture (CSA) operators in understanding legal risks.  As a part of the project, the team developed a publication highlight good practices with a CSA membership agreement and model agreements.   Continue reading

Court of Appeals Rules Against Animal Ag Reporting Exemption in Two Environmental Laws

 

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Image by Lynn Betts, USDA-NRCS

 

This is not a substitute for legal advice.

The smells of livestock are common if you live on a farm or next to a farm. If livestock numbers reach certain sizes, then two federal environmental laws, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) may require the producer to report the release of hazardous substances to the National Response Center. With animal operations, the releases have been focused on ammonia and hydrogen sulfide as manure is broken down. In 2008, the Environmental Protection Agency (EPA) developed an exemption from the reporting requirements for all animal feeding operations from CERCLA and EPCRA but required larger animal operations to continue reporting under EPCRA. Environmental and animal welfare groups challenged this exemption. The Court of Appeals for the D.C. Circuit recently struck down the exemption. Continue reading

Does One Mare Create An Ag Lease?

 

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Image via flickr.com by Matt Northam

 

This post is not legal advice. 

As we draw closer to summer, I will start reminding many of you that it’s the time to consider terminating a farmland lease to comply with state law. In many states, farmland leases require more than 30 days notice to terminate without a written lease stating a different requirement. For ag leases in Maryland, this means that notice to terminate needs to be given by June 31. But what makes an ag lease and ag lease?  The Iowa Supreme Court has found that one old mare on six acres is not enough to create an agricultural lease that would require longer notice to terminate the lease. Continue reading