Frequently Asked Questions: Can I Trim Back My Neighbor’s Tree From My Property?

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Photo in image by Edwin Remsberg.  Photo of is of forest road in Maryland.

This week the podcast returns after a brief hiatus with Paul discussing a frequently asked question: Can I trim tree limbs and other vegetation growing on my neighbor’s property that is impacting my property?  Paul discusses what Maryland law currently allows neighboring landowners to do and not to do (the options are limited to self-help). Continue reading

Help Paul, I Just Inherited Farmland with My Siblings

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Photo in image by Edwin Remsberg.  Photo of two producers talking against a panel in a lot.

A common situation is that siblings inherit farmland through intestacy (dying without a valid will or property outside the will) or a will specifies a quarter interest in the farm to X and the remaining three-quarters to Y. In this episode, Paul covers what happens when you inherit property as tenants in common. Continue reading

State Court Rules State’s Right-to-Farm Law is Unconstitutional As-Applied

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Photo in image by USGS via commons.wikipedia.org.  Photo of hogs in confined facility

The Iowa Court of Appeals recently ruled that the state’s right-to-farm law was unconstitutional as applied to a landowner next door to a hog farm.  In this episode, Paul discusses the McIlrath v. Prestage Farms of Iowa, L.L.C. decision. Continue reading

Ninth Circuit Busy With Decisions Impacting Ag Law

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Photo in image is of hen.  Photo by Edwin Remsberg

 

The Ninth Circuit and the Northern District of California recently issued a trio of decisions related to agricultural law.  In this podcast, Paul provides an overview of those cases and their potential impact. Continue reading

Utilizing a Business Organization Structure on the Farm

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Photo by Edwin Remsberg.  Photo of pumpkins freshly picked in front of a barn.

After a week off (sorry Paul messed up on scheduling), the podcast is back with a discussion on business organization structures on the farm.  Paul is joined again by Ashley Ellixson to discuss their publication on various types of business structures and how those structures can be utilized on farms to limit liability and act as a farm succession tool. Continue reading

Tools Available to Help Set Rental Rates on Farmland

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Photo by Edwin Remsberg.  Photo of hand writing notes at table

With lower crop prices projected to continue for a while, many of you might be renegotiating cash rent or might be a beginning farmer leasing farmland for the first time and curious about tools to help you understand an appropriate rental rate for your situation.  In this episode, Paul discusses tools available to help you develop a fair rental rate for you. Continue reading

DC Circuit Court of Appeals Overrules OSHA on Worker Standard Memo

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Anhydrous ammonia tanks in front of a barn.  Photo in image is by Thirteen of Clubs/flickr

In July of 2015, the Occupational Safety and Health Administration (OSHA) issued a memorandum revising the retail exemption for facilities that would be exempt from safety guidelines established for handling hazardous chemicals.  In this episode, Paul provides an overview of the recent decision by the DC Circuit Court of Appeals that overruled this revision. Continue reading