Good morning. Check out this weeks latest news and events.Read More
Good morning everyone. Check out this weeks latest news and evens.Read More
This post is not legal advice
Today, I venture into looking at aquaculture leases granted by Maryland Department of Natural Resources (DNR). To obtain an aquaculture lease, the potential lessee must file an application with DNR, which works with other state and federal agencies to ensure meeting the statutory criteria. If met, then the application is published for public comment, and interested parties can commit. What I want to discuss today is that public comment period and a recent decision by the Maryland Court of Special Appeals.Read More
Agricultural land leasing is an important feature of Maryland agriculture. Issues often arise between landlords and tenants not understanding what the law is or how to communicate with each other. On April 28th and May 4th, agricultural landlords and tenants or those looking to get into agriculture will have the opportunity to participate in a webinar series focused in on leasing issues. You can register for the webinar at https://arecleasingwebinar.eventbrite.com. The webinar series is sponsored by the Department of Agricultural and Resource Economics, Agriculture Law Education Initiative, University of Maryland Extension, Maryland Department of Agriculture, and Maryland FarmLink and funding is provided by USDA-NIFA and the Northeast Extension Risk Management Education Center.Read More
I am continuing the right-to-farm (RTF) law series today with a comparison of Maryland’s law with other states’ RTF laws. To recap, Ashley has provided an overview of what happened pre-RTF laws. For anyone interested in a good overview of pre-RTF law court decisions by state, please send me an email and I will send you a copy. Mae Johnson has provided you with an idea of what goes into mediating an action arising under Maryland’s RTF law. By the end, hopefully you will have a better grasp on how our RTF law operates and what sets it apart from other states’ RTF laws. If there are any other topics related to RTF laws in the state that you would like to see covered, please let us know through the Contact tab.Read More
Editor's note: As a part of our ongoing right-to-farm law series, we are happy to have Mae Johnson, Administrator, Maryland Agricultural Conflict Resolution Service (ACReS), Maryland Department of Agriculture preparing this post. Maryland's Right-to-Farm law requires mediation before going to court and ACReS mediates many of these Right-to-Farm disputes. We asked Mae how past mediations have worked involving the Right-to-Farm law to illustrate how neighbors have a voice in the process. Earlier Ashley Newhall posted on what life was like before RTF laws and I will finish up later this week with a post comparing Maryland's law with other states' RTF laws.
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Context: A farmer decided to build more poultry houses to increase his family’s income. His neighbors living nearby became angry as they imagined the increase in smells. The producer felt that he was within his right to use his land to increase his poultry operation. The neighbors felt they were within their rights to enjoy their property without the smell of poultry. Under the County’s Right-to-Farm Ordinance, all purchasers and lessees must receive a statement specifically advising the purchasers or lessees of the existence of the Right-to-Farm Ordinance. Although the homeowners acknowledged the existence of the ordinance, they still felt they had the right to enjoy their property without the existence of poultry odors which they believed would increase with the addition of more poultry houses.Read More
On Dec. 2nd from 9 a.m. to 2 p.m., farmers in the Cecil, Kent, Caroline, Queen Anne’s, and Talbot counties area will have an opportunity to learn more about the agricultural land leasing issues at the upcoming Farm Leasing Workshop. The workshop is sponsored by Agriculture Law Education Initiative, University of Maryland Extension, Maryland Department of Agriculture, and Maryland FarmLink and funding is provided by USDA-NIFA and the Northeast Extension Risk Management Education Center.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 firstname.lastname@example.org. The webinars are free to MSBA members and $25/webinar for non-MSBA members.Read More