After Experiencing Drift Damage, What Should You Do?

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pesticide drift liability

Image above include photo of aerial spray plane applying pesticide to cotton in Texas.  Photo is by Edwin Remsberg

In this episode, Paul discusses what a landowner should do after experiencing pesticide drift damage.  A landowner should contact the Maryland Department of Agriculture to report the damage and allow the state to begin an investigation.  The landowner should also begin to develop documentation related to the drift damage.  Finally, the landowner would have options on how to recover damages.  Materials discussed in this episode: Continue reading

Utah’s Ag Gag Law Violates The Constitutional But Producers Still Have Options

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utah ag gag law

Image includes photo of inside of dairy barn in Maryland.  Photo taken by Edwin Remsberg

In this episode, Paul discusses a recent federal court ruling in Utah holding Utah’s “ag-gag” law violates the U.S Constitution.  This marks the second time a federal district court has found a state’s ag-gag law unconstitutional  We are currently waiting on appeals in the first decision and it is likely Utah would appeal this ruling as well.  Because of the issues with constitutionality, Paul discusses other options that producers have available to them.  Materials discussed in this episode: Continue reading

Frequently Asked Questions: How Do I Get Paid for Services?

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getting paid for services

Photo in the image is by Edwin Remsberg and shows round hay bales stacked together in two rows.

In this episode, Paul discusses a how to get paid for custom services, such as harvesting and swathing.  A few states have laws that create automatic liens in the crop harvested or swathed and baled.  But the majority of states offer custom operators no automatic lien.  In those states, custom operators should consider developing a standard contract to use to help the operator get paid.  Materials discussed in this episode: Continue reading

Interviewing Attorneys Before You Hire One

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Interviewing attorney

Photo in image by Ben Dunham and is of the Washita County Courthouse in Cordell Oklahoma.

In this episode, Paul discusses a publication he is working on that highlights questions you should ask a potential attorney.  Interviewing potential attorneys helps you understand who you will work best and limit some issues down the road. Continue reading

Recent Court of Appeals Impacts Hobby Drone Registration

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drone registration

Photo in image by Mauricio Lima and highlights cattle with a quadcopter hovering over the cattle

In this episode, Paul discusses the recent decision in Taylor v. Huerta.  This case involved FAA’s earlier decision to require all unmanned aerial vehicles (UAVs) to be registered.  Paul will discuss how this decision could impact agriculture and explain what the recent decision means to others.  Continue reading

More On Ag Leases, This Time with Tiffany Lashmet

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ag lease tiffany

Photo in image by Edwin Remsberg and is of boll of cotton.

Developing a good ag lease is an important tool many of you need to consider developing when leasing farmland.  We are hitting that time of year (June 30th) when Paul likes to remind you that you need to consider if you will give the notice to terminate an ag lease or renew.  In this episode of the podcast, Paul is joined by Tiffany Lashmet of Texas A&M Agrilife Extension to discuss her ag leasing guide. Continue reading

What Makes an Ag Lease an Ag Lease?

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mare

Photo by Edwin Remsberg.  Photo is of foal on UMD campus

In this episode, Paul discusses a recent court decision, Porter v. Harden, №15–0683, 2017 WL 942845 (Mar. 10, 2017).  In this decision, the Iowa Supreme Court looks at does one horse create a farmland lease?  This decision provides a lot of insight for parties looking to rent farmland and how to make sure the lease provides the protections many states give to farmland leases. Continue reading