Missouri Agricultural Law Center (MALC)

State Historical Society of Missouri/ Courtesy
George Caleb Bingham’s “Watching the Cargo.”

 




Prepared with good intentions to serve the public, by
Stephen F.Matthews  
             

Liability Disclaimer:  The information on this web site should not be relied upon as constituting legal advice.   If you suspect you need legal  advice, contact an attorney.  Laws can change, so articles about laws can become outdated.  And legal minds, like non-legal minds(!), do not always agree on legal issues.  This information and links are provided to provide educational information.   I hope it will help you better understand legal aspects of "ag law" situations, and get timely legal advice from an attorney. (How to find an excellent attorney)

 

     

   

More Recent Additions
  1. Missouri Conservation Agents:  Do they have the legal right to come onto private property?

  2. The Farm Animal Welfare Debate
  3. Direct Marketing Contracts: 
    Questions for Farmers to Ask Before Entering Into a Direct Marketing Agreement
  4. Ag Law and You (FAQ's)
  5. FAQ's about Ag Law in Wisconsin
  6. FAQ's about Ag Law in South Dakota
    Mowing weeds along roads.  What is a legal fence?  What is "open range" fencing law?  Do we have it?  What are my rights as a tenant if I don't have a written lease?  Do landowners have a duty to mow/cut weeds and trees on county right-of-ways along their land?
  7. Missouri Pet Trust Statute: Chapter 456.4-408
  8. Estate Planning for Pets
  9. Get the Law on Your Side
  10. Livingston County revises its CAFO Health Ordinance
  11. MU Extension:  FAQ's about Agricultural Law
  12. Fencing Laws of Missouri:  Frequently Asked Questions (FAQ's)
  13. Missouri Criminal Trespass Laws  (PPT) (PDF)
  14. Farm Lease Laws in Missouri (PPT)  (PDF)
  15. Legal Aspects of Farm Leases in Missouri (PPT)
  16. Farm Machinery on Missouri Highways  (PPT)  (PDF)
  17. Being Sued for Nuisance & Missouri's Right-to-Farm Statute  (PPT)  (PDF)
  18. Missouri's CAFO Statute (enacted in 1996) (PPT)  (PDF)
  19. County Health Ordinances Regulating CAFO's in Missouri  (PPT)  (PDF)
  20. Adverse Possession a/k/a "Squatter's Rights"  (PPT)  (PDF)
  21. Animal Neglect or Abuse under Missouri Statutes  (PPT)  (PDF)
  22. Air Pollution and the Federal Clean Air Act  ( PPT)  (PDF)
  23. Water Pollution and the Federal Clean Water Act  (PPT slides)
  24. Warranty Deeds & Quitclaim Deeds   (PPT slides)
  25. Dog Bites & Dog Liability under Missouri Law   (PPT slides)
  26. Easements  (PPT slides)
  27. Endangered & Threatened Species Acts (federal & Missouri)   (PPT slides)
  28. Federal Estate & Gift Tax   (PPT slides)
  29. Wildlife & Public Lands   (PPT slides)
  30. Non-Probate Transfers under Missouri Statutes   (PPT slides)
  31. Power-of-Attorney:  General or Durable?   (PPT slides)
  32. Probate in Missouri   (PPT slides)
  33. Trusts   (PPT slides)
  34. Boating in Floodwaters:  You May Be Charged With Criminal Trespass!
  35. Dailing v. Hall (Missouri, 1999):  Don't remove an existing fence without getting the neighbor's written consent (or court order), because you might end up paying for the entire replacement fence, even if the neighbor has livestock against it
  36. Private Property Rights:  Landowner loses "private" road to the public (no $$$)
  37. Sixteen Missouri counties have CAFO-restricting health ordinances
  38. Do conservation agents have the right to enter upon private land to check hunters for the proper hunting permits/licenses?
  39. Dispute over fence boundary turned deadly

MALC Publications

  1. Workouts (Renegotiations) With Creditors
  2. Bankruptcy:  Chapter 12
  3. Bankruptcy:  Chapter 7
  4. Bankruptcy:  Chapters 11 and 13
  5. Animal Liability:  Farmers' Liability for Livestock

  6. Animal Neglect or Abuse:  Criminal Liability for Mistreating Animals
  7. Contracts in Production Agriculture:  Freedom to Contract, Public & Private Goods 
  8. Corporate Farming Statute:  What It Can and Can't Do
          *Missouri Statutes, Chapter 350:  Corporate Farming Restrictions

  9. Creditor Workouts: Bankruptcy Should Be The Last Resort

  10. Employers:  Liability of Farm Employers

  11. Fence Law Revised in Missouri  

  12. Fencing and Boundary Laws of Missouri
         *Missouri Statutes, Chapter 272: Fencing Statutes

  13. Financing:  Security Interests in Personal Property

  14. Kelo vs. New London:  What happened? State legislative responses

  15. Leases:  Legal Aspects of Verbal Farm Leases
         *Missouri Statutes, Chapter 441.050:  60-Day Written Notice To Terminate Farm Year-to-Year Lease

  16. Landowners' Liabilities (or Tenants') for Injuries to Hunters and other "Land Entrants"
  17. Litter Laws in Missouri

  18. Nuisance Torts: Ranchers' Liabilities under Missouri Law
          *Missouri Statutes, Chapter 537.295:  Right-to-Farm Protection for Ag Operation

  19. Partnerships for Farmers:  Legal Aspects

  20. Posting Land Against Trespassers:  Purple Paint Markings or Signs Will Work in Missouri

  21. Right-to-Farm Laws:  Will Missouri's Statute Withstand a Constitutional Challenge Today?

 

Reading Rooms:  Ag Law Folders

  1. Adverse Possession and Prescription  

  2. ATV Accidents and Liability Potential   

  3. Bankruptcy, Workouts, Foreclosures, Repossessions

  4. Business Startup Planning  

  5. Contracting:  Agricultural Contracts 

  6. CAFO's  

  7. Cemeteries (private)  
  8. Conservation Easements  

  9. Crimes Involving Crops or Livestock  

  10. Easements  

  11. Eminent Domain (Condemnation)   

  12. Estate Planning  

  13. Fence Laws  

  14. Hunting Leases and Liability  

  15. Labor Laws & Agriculture

  16. Leases (Farm)

  17. Liability & Landowners/Tenants  

  18. Nuisances and Livestock  

  19. Organic Farming  

  20. Spray Drift  

  21. Taxes   

  22. Trespass: Posting Requirements  

  23. Water Rights & Laws  

  24. Wind Energy Farming  

 

References

  1. AgEBB:  Missouri Agricultural Electronic Bulletin Board

  2. BLOG: Agricultural Law

  3. Census of Agriculture

  4. Code of Federal Regulations

  5. CRS Reports about Agriculture and the Environment

  6. Martindale-Hubbell Lawyer Locator

  7. Missouri Bar Association

  8. Missouri Bill Tracking (House & Senate)

  9. Missouri Cases

  10. Missouri Cases: Supreme Court Database

  11. Missouri Department of Agriculture

  12. Missouri Department of Conservation

  13. Missouri Department of Natural Resources

  14. Missouri General Assembly

  15. Missouri Statutes

  16. Missouri Code of State Regulations

  17. Resources Centers at the University of Missouri

  18. State Agricultural Statutes

  19. THOMAS: Library of Congress

  20. U.S. Code

  21. U.S. General Accounting Office (GAO)

  22. Xplor Missouri Extension Guidesheets

Other "Ag Law" Centers
  1. Dog Bite Law

  2. Equine Law Center

  3. Farmers' Legal Action Group, Inc.

  4. Florida Agricultural Law Center

  5. Iowa State Center for Ag Law & Taxation

  6. Michigan State Animal Law Center

  7. National Agricultural Law Center

  8. Ohio State Agricultural & Resource Law Program

  9. Penn State & Dickinson Ag Law Center

  10. Southern Environmental Law Center

  11. Texas Real Estate Center

  12. Center for Wildlife Law

Financial & Management Advice

  1. Center for Applied Rural Innovation

  2. Illinois:  FarmDoc

  3. Indiana (Purdue):  Strategic Business Planning for Commercial Producers

  4. Iowa:  Ag Decision Maker

  5. Kansas:  AG Manager Info Center

  6. Mid-West Plan Service (12 Midwest land-grant universities plus the USDA)

  7. Minnesota:  Center for Farm Financial Management

  8. Missouri Business Development Network

  9. Getting Through Tough Financial Times (Illinois) 

 

 

 

 

 

Articles or Links I Thought You Might Find Interesting

  1. In Vermont, state statute prohibits keeping of elk, deer, moose in captivity
    • Vermont passed a law last year tightening rules on the two preserves and banning the creation of new ones.
    • The state is requiring both of the facilities to get rid of all moose and white-tailed deer that live within their fences, afraid that the animals may spread chronic wasting disease, a neurological disorder similar to mad cow disease that has been found in wild animals in 14 states. Captive hunting facilities are banned in 11 states and partly banned in 15 others.
    • Vermont officials have asked whether wildlife sanctuaries in other states will take the 200 or so deer and dozen moose, but regulations to stop the spread of chronic wasting disease make it difficult, if not impossible, to transport the animals over state lines. The two sides are trying to reach an agreement but are at an impasse, and many fear that unless something is done the animals will have to be destroyed.
    • Scientists believe that the disease is spread through feed or feces, and elk are particularly susceptible to it, as are moose and deer. Chronic wasting disease has not shown up in Vermont, and officials hope the regulations, which go into effect Jan. 5, ensure that it does not.
    • “Even though there has never been a confirmed case of chronic wasting disease, we can’t be sure about the food sources, and that’s our concern,” said Col. David LeCours, director of enforcement for the Vermont Fish and Wildlife Service. “We don’t want to risk putting our wild, free-roaming species at risk.”
    • David Hirth, a wildlife biologist at the University of Vermont, said chronic wasting disease is caused by a prion, or infectious agent composed of protein, and can be difficult to spot. The disease causes animals to change behavior, waste away and ultimately die. The disease, he said, seems to be transmitted within clusters of animals. There has been no known transmission from animal to human. The disease is present in elk, mule deer, white-tailed deer and moose.
  2. The Farmer's Legal Guide to Producer Marketing Associations (130 pages; 2005)
  3. Iowa Farmers' Market Development Manual (32 pages; 2003)
  4. Alabama Farmers' Market Development Manual (37 pages; 2005)
  5. Kentucky Farmers' Market Development Manual (8 pages; 1992)
  6. Missouri Food Circles Networking Project
  7. Farm Direct Marketing Resources (extension)
  8. Direct Farm Marketing and Tourism Handbook (online)
  9. Understanding Farmers' Market Rules
  10. How to Start a Farmers Market (USDA)
    *Slide presentation
  11. How to Organize and Rule a Farmers' Market (Massachusetts)
  12. Collaborative Marketing:  Roadmap and Resource Guide for Farmers
  13. Oklahoma Food Cooperative Producer Operating Procedures
  14. Guide to Illinois Laws Governing Direct Farm Marketing:  For Farmers and Other Entrepreneurs
  15. Direct Marketing Enterprises:  Legal Structure Rules & Regulations
  16. (booklet, $20+) The Legal Guide for Direct Farm Marketing, by Neil Hamilton (1999)
  17. Ziplining:  And you thought farming was thrilling!
  18. Twelve Basic Rules of Contracting
    Proposed contracts are always subject to negotiation. While most production contracts will be printed on typed forms offered on a take-it-or leave-it basis, you do have the freedom to negotiate. A term that is in writing can still be changed if both parties agree to do so. Of course, your ability to obtain more favorable terms will depend on your market power to negotiate with the company and whether other growers are willing to sign the contract.
    Do not rely on oral communications made by the company, either before the contract is signed or during performance. If what is being said is important to the relationship, be sure it is put in writing, signed by both parties and incorporated as an amendment to the contract. If you cannot get it in writing, be sure to keep copies of any documents, such as letters, payment sheets and checks, that you can use to show what was agreed.
    Never assume that your failure to perform the contract will be excused. Under certain circumstances, you might think it reasonable to assume the other party will not require you to perform the agreement. Never make this assumption, especially if your failure to perform can be expected to cause the other party damages. If you do not think you will be able to perform or if you would like to amend the terms of the agreement, communicate with the other party rather than surprising them.
  19. Wisconsin Division Fence Law
    Electric fences are allowable if both neighbors agree in writing. Two strands of strong and tightly stretched

    wires are required with the top wire 34-36 inches high, measured at the posts. Note that this mandates a

    different height from the general 50 inch requirement. Wires are fastened with insulators to posts that are

    no more than two rods (33 feet) apart. Electric fences may also be of high tensile wire with posts no more

    than 20 feet apart.
    Barbed wire fences and high tensile wire fences need four evenly spaced wires, with the top wire at least 48

    inches high. Note that this allows a fence two inches shorter than the general requirement. For barbed wire

    fences, posts are spaced no more than 16 feet apart. For high tensile wire fences, posts are spaced no more

    than 20 feet apart. The posts may be of steel of any thickness or wood at least 3 inches in diameter.
    Woven wire fences must be:

    (A) 50 inches high*; or

    (B) 46 inches high* with 1 barbed or high tensile wire inches above; or

    (C) 30 inches high* with 2 barbed or high tensile wires above; or

    (D) 26 inches high* with 3 barbed or high tensile wires above.
    The distance between the woven part and the barbed or high tensile wire may be no more than 6 inches. The space

    between vertical strands of woven wire may be no more than 8 inches, and the space between the cross wires may

    be no more than 12 inches. The vertical strands of woven wire must be no smaller than No. 12 wire, and the cross

    wires must be no smaller than No. 16. The spacing between the barbed or high tensile wires may not exceed 8

    inches. Wires must be stretched and securely fastened to posts no more than 16 feet apart.

  20. Cash Rental Rates for Iowa:  2009 Survey
  21. American Recovery and Reinvestment Act of 2009:  Major Tax Provisions
  22. Greenhouse Gas Emissions and Corn Ethanol Production:  Efficiency and Environmental Concerns
  23. Farmers Markets:  FAQ's
    Farmers' markets are gaining popularity in Missouri and across the nation. In Missouri, the number of farmer's markets has more than doubled in the past 10 years. An estimated 131 farmers' markets were in operation in Missouri in 2007, compared to 53 in 1997.
  24. Selling Strategies for Local Food Producers
    In any business, building relationships with customers is key. This is even more important in the world of direct marketing.
  25. Techniques for Dealing with Difficult People
  26. The Plight of Ethanol Plants
  27. Yes, PETS can be taken care of in a trust
    • A “pet trust” refers to an arrangement whereby the caretaker’s right to receive any caretaking funds is limited.
    • Statutory Pet Trust:  In a growing number of states (43?), special statutes have been enacted to impose an enforceable “pet trust” by allowing virtually any third party designated by the terms of the trust or a court to compel the caretaker-trustee to use the caretaking funds solely for the benefit of your pet.
    • Traditional Legal Trust:  In any state, you can always establish a traditional trust for the care of a pet that is carefully-drafted to avoid the legal pitfalls.  The trick is to transfer the pet itself and the caretaking funds into the trust, as trust property, name the caretaker who takes care of the pet as a beneficiary of the trust, and designate the party who will watch over the caretaker and the caretaking funds as the trustee of the trust.
  28. FAQ's about Pet Trusts
  29. Feral Pigs Rapid Spread in Missouri Hogties MDC
  30. Monsanto sues Pilot Grove area farmers for "patent infringement" of Roundup-Ready soybeans (July 10, 2008)
  31. Monkey owner charged with two counts of harboring dangerous or aggressive animals, under a Columbia city ordinance (July 15, 2008)
  32. Legal Liability Issues for Handling Manure
  33. What if natural gas or oil were under your land?  Pros & cons of leasing mineral rights
  34. Getting "Title" by Adverse Possession, or an "Easement" by Prescription
  35. Five Common "Defenses" of Landowners Against Claims By Trespassers Under Adverse Possession
  36. How Many Years Is Required To Acquire Land Under Adverse Possession?  (varies by state)
  37. Cattle theft on the increase in Missouri
  38. Mobile slaughter houses:  Locally slaughtered beef label

_____________________________________________________________________________________________________________________________________________________________

Copyright:  Stephen F. Matthews.   All rights reserved.  (l996)         
http://aglaw.missouri.edu/
  

Count since December 2007

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Disclaimer
The information contained in this website location is intended to be for general information only and should not be relied on when making decisions without obtaining competent legal counsel from an attorney.   Laws vary from state to state and no representations are made to the accuracy of information.