Agriculture, Zoning, Planning & Land Use

Growing Rural/Metro Schism in the Minnesota House

by Gail Kulick | Winthrop & Weinstine, P.A. on 3/29/2013

The downside to being in the majority in any partisan legislative body is the difficulty of managing a diverse group of members. This challenge is very evident this session in the Minnesota House of Representatives;...more

Oregon Land Use Bills Aim to Limit Wetland Restoration

by Michael Gelardi | Davis Wright Tremaine LLP on 2/5/2013

Three Oregon legislators have introduced bills on behalf of the Oregon Farm Bureau requiring land use permits for wetland restoration on farmland....more

Growing Michigan - Fourth Quarter 2012

by Kimberly A. Clarke, Kristiana M. Coutu, Matthew B. Eugster, Bruce Goodman, Steve Kluting, Aaron M. Phelps, Dean F. Reisner, Peter G. Roth | Varnum LLP on 12/29/2012

In This Issue: - MISS Dig Bills Pass in Michigan Senate, Stall in House - Farm Bill Still Stalled - Ag Groups Urge Action on Estate Taxes - SBA Economic Injury Disaster Loans Now Available in Michigan - Michigan...more

MISS Dig Bills Pass In Michigan Senate, Stall In House

by Aaron M. Phelps | Varnum LLP on 12/21/2012

Legislation creating a new MISS Dig law passed the Michigan Senate on November 29 in a 26-12 vote, but failed to make it through the House before the 2012 Legislative Session closed on December 13. Supporters plan to...more

Michigan Farmers Concerned About Wetland Use Permit Changes

by Aaron M. Phelps | Varnum LLP on 12/21/2012

Michigan farmers have been exempt from seeking permits for various activities since the 1980s, including performing drain maintenance within a private agricultural drain. They have also been allowed to "construct new...more

Supreme Court Holds Temporary Flooding Can Be A Taking

by Brad Kuhn on 12/4/2012

After passing on a number of Fifth Amendment issues in recent history, the U.S. Supreme Court is scheduled to hear three cases this term in which the takings clause plays a prominent role. And today, the Court addressed the...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

by Brad Kuhn on 11/29/2012

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

Appellate Court Holds That Regional Water Quality Control Board Approval Of Discharge Permit For Dairies Fails To Satisfy...

by Kronick, Moskovitz, Tiedemann & Girard on 11/12/2012

In a decision filed on November 6, 2012, the Third District Court of Appeal held that the Central Valley Regional Water Quality Control Board (“Regional Water Board”) failed to comply with the State’s anti-degradation policy...more

Massachusetts Landlords Smoking Mad About New Medical Marijuana Law

by Richard Vetstein on 11/11/2012

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

ARB Initiates Potentially Controversial Agricultural Equipment Regulation

by Sheppard Mullin Richter & Hampton LLP on 9/28/2012

I. Background The California Air Resources Board (“ARB”) recently commenced development of a new regulation targeting emissions from “off-road” agricultural equipment, such as tractors and combines. The “In-Use...more

NOTICE OF ADOPTION: LOCAL LAW 1 OF 2012 TOWN OF ROMULUS, NEW YORK (RIGHT TO FARM)

by Steven Getman on 9/19/2012

NOTICE OF ADOPTION: LOCAL LAW 1 OF 2012 TOWN OF ROMULUS, NEW YORK NOTICE IS HEREBY GIVEN that, following a public hearing before the Town Board of the Town of Romulus, New York, the Town Board of the Town of Romulus,...more

State Water Resources Control Board Issues Draft Order Staying Provisions of Central Coast Agricultural Order

by Kronick, Moskovitz, Tiedemann & Girard on 9/13/2012

On September 10, 2012, the State Water Resources Control Board (“State Board”) issued a Draft Order which, if adopted, will stay certain provisions of the agricultural order and related monitoring and reporting program orders...more

OFT Issues short-form opinion in record time

by Reed Smith on 9/11/2012

Short-form opinion on rural broadband wayleave rates - On 23 August the Office of Fair Trading (OFT) issued a non-binding short-form opinion on proposals by the National Farmers’ Union (NFU) and the Country Land and...more

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

by Alan Goldberg on 9/10/2012

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

State Water Resources Control Board Decides To Stay Provisions Of Central Coast Agricultural Order

by Kronick, Moskovitz, Tiedemann & Girard on 9/6/2012

Following its August 30, 2012 hearing, the State Water Resources Control Board (“State Board”) decided to stay or extend the compliance deadline for some provisions of the agricultural order and related monitoring and...more

Home News South Seneca Public Speaks Out on Puppy Mills, Fracking

by Steven Getman on 8/29/2012

Public Speaks Out on Puppy Mills, Fracking by Aneta Glover | Posted: Wednesday, August 29, 2012 2:28 pm With a much smaller than expected group assembled, Supervisor Walter Prouty called the Town Board Meeting to order,...more

Seventh Circuit affirms exclusion of unreliable expert testimony on valuation in condemnation actions

by Saul Ewing LLP on 8/28/2012

On August 21, 2012, the Seventh Circuit Court of Appeals issued an opinion affirming the decision of the United States District Court for the Central District of Illinois to exclude the testimony of the landowners' expert in...more

Notice of Public Hearing: Town of Romulus, New York, Right to Farm law

by Steven Getman on 7/19/2012

NOTICE IS HEREBY GIVEN that a public hearing will be held before the Town Board of the Town of Romulus, New York, at the Town Office Building, 1435 Prospect Street, Willard, New York 14588 at 7:30 p.m. on AUGUST 15, 2012 at...more

McAfee & Taft AgLINC Agriculture & Equine Industry Newsletter - July 2012: General permit now available for pesticides applied to...

by McAfee & Taft on 7/18/2012

For decades, the Federal Insecticide, Fungicide and Rodenticide Act has provided regulation for the application of pesticides. However, in 2009, the Sixth Circuit Court of Appeals required the Environmental Protection Agency...more

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Agriculture › Zoning, Planning & Land Use