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As we draw closer to summer, I will start reminding you that it’s the time to consider terminating a farmland lease to comply with state law. In Maryland, farmland leases require six months’ notice to terminate without a written lease stating a different requirement. For many leases in Maryland, this means notice to terminate must be given by June 30. This six months’ notice requirement is just for agricultural leases and not for other types of leases. Residential leases, for example, often require shorter time periods to terminate than do agricultural leases. The Iowa Supreme Court has found that one old mare on six acres is not enough to create an agricultural lease which requires longer notice to terminate the lease.Read More
A useful section of Maryland law allows the owner or operator of a stable or other establishment caring for livestock the ability to recover unpaid costs related to that care without the need to file any action in court, by enforcing a lien in that livestock.Read More
Note: this post should not be considered legal advise.
Everyone starts a business and hopes that it will eventually will grow and become successful. Farmers are no different in these aspirations. A recent decision from Idaho illustrates why sometime that dream may not always be realistic. Before we look at the case let me point out, right-to-farm (RTF) laws vary from state-to-state and the outcome may not be the same in Maryland. Maryland’s right-to-farm law does require mediation before going to court which could potentially change the outcome. I highlight the case to give you something to think about if you are considering expanding an existing operation.Read More
Over the summer of 2014, the Maryland State Bar Association’s Section on Agricultural Law along with the Agriculture Law Education Initiative (ALEI) will be hosting a series of webinars entitled what a Maryland Attorney Needs to Know About Agriculture. The webinars will start on Wednesday June 18th at noon and run for one hour. The webinars will help to make members of the bar more aware of the issues seen in agriculture and ways to better service agricultural clients. For more information on the webinars please contact Paul Goeringer at email@example.com. The webinars are free to MSBA members and $25/webinar for non-MSBA members.Read More