Agriculture › Residential Real Estate

Massachusetts Landlords Smoking Mad About New Medical Marijuana Law

Burned up Massachusetts landlords are fuming with concern over the state’s newly passed but hazy medicinal marijuana law. The law — rolling out Jan. 1 — grants medical marijuana users the right to grow a two-month supply of...more

New Taxes on Farmland Sales for 2013

If there is a chance that you may want to sell your farm, then you should think hard about getting it done before the end of 2012. There is a load of new taxes on capital gains and unearned income coming into effect on Jan....more

Legal Byte: “Boundary by Agreement:” a fence alone is not enough

California landowners can agree on a boundary between their properties. However, they have to conform to specific requirements by California law....more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: Avoiding hidden liabilities with employee housing...

Farms and ranches of various sizes often provide their employees with some form of housing in addition to the wages they are paid. Little thought typically goes into the legal status of the housing arrangement. This is...more

What is Downzoning and When is it Compensable?

"Downzoning" describes a government agency's rezoning a parcel of land once previously zoned for a more intense use to a more restrictive use (e.g., changing the commercial zoning designation of an undeveloped parcel of land...more

Foreclosure Consequences for the Borrower under the USDA Rural Home Loan Program

An example of how borrowers under the USDA Rural Home Loan Program are personally liable for an loss claims filed by primary lenders in this upside down market. That's right, the low income borrower will personally owe the...more

Filing Bankruptcy Without Losing the Farm: Arizona Bankruptcy Attorney

After meeting with me in a bankruptcy consultation I hand out a questionnaire that I require everyone to complete that provides me with information like assets, debts, income, and expenses. I have various categories when it...more

Baseline Using Existing Entitlements Acceptable If It Corresponds To Conditions "On The Ground"

Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, E049651 (4th Dist. Div. 2, November 22, 2010) In Cherry Valley Pass Acres and Neighbors, et al. v. City of Beaumont, the Court of Appeal considered...more

McAfee & Taft AgLINC - December 2010

INSIDE THIS ISSUE: 2 Oklahoma’s Nontestamentary Transfer of Property Act 3 Tracking EPA’s enforcement of the CAFO Mandatory Greenhouse Gas Reporting Rule 3 The excess farm loss deduction limitation 4 Oklahoma’s Oil and...more

Attractiveness of the Crimean land for potential investors in the turbulent time.

The review of legislation and prospects of the Crimean land for potential investors....more

Charitable Conservation Contributions after Schneidelman v. Commissioner

On July 14, 2010, the U.S. Tax Court issued its opinion in Scheidelman v. Commissioner, T.C. Memo. 2010-151, and the decision provides conservation easement professionals with two important lessons. First, it is critical to...more

Gas & Oil Addendum

All, I am in the business of facilitating Gas & Oil negotiations, lease and addendum drafting and litigation. As my G&O practice grows each day, along with the industry itself, I find myself always increasing the protective...more

Kauai Springs, Inc. v. Planning Commission of the County of Kauai

Answering Brief for the Appellee Kauai Springs, Inc.

Issues: automatic approval of zoning permits; public trust....more

Expanding the Texas Right to Farm

This article discusses the Texas Right to Farm Act and the recent Court of Appeals Decision that expands the act's protections to include both nuisance and trespass allegations....more

Expanding Right to Farm Statutes

This article discusses right to farm statutes, focusing specifically on how a recent decision by the Texas Court of Appeals has expanded the protection offered to agricultural operators. The article also discusses how this...more

Daddy Won't Sell the Farm: Drafting Right to Farm Statutes to Protect Small Family Producers

This Comment, published at 18 San Joaquin Agric. L. Rev. 127 (2009), discusses the importance of right to farm legislation, which seeks to prevent nuisance lawsuits against agricultural producers. In particular, this Comment...more

Pono v. Molokai Ranch, Ltd.

Respondent and Defendant-Appellee Molokai Properties, Ltd.'s Response to Application for Writ of Certiorari

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Purchase of Development Rights: Another Option for Conservation Minded Landowners

Many landowners are familiar with conservation easements, a vehicle for preserving land in perpetuity, for which they can realize tax benefits. Few landowners, however, are aware of another option: selling the development...more

Developing Former Agricultural Land? Plan on Looking for Pesticides

For real estate developers, yesterday’s farms and orchards are tomorrow’s industrial park, school or residential development. Redevelopment of former agricultural lands, as it turns out, is also a new focus for the Oregon...more

Maui Tomorrow v. State of Hawaii, Board of Land and Natural Resources

Opinion of the Court

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Maui Tomorrow v. State of Hawaii, Board of Land and Natural Resources

Answering Brief of Appellee Hawaii Farm Bureau Federation

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