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    Agriculture

 

  • Representation for the purchase of a minority share in the acquisition of a biofuel enterprise.

 

  • Due diligence in the acquisition of a feed mill and grain elevators.

 

  • Consultation for the permitting and selection of a concentrated animal feeding operations (CAFO) site.

 

  • Filing United States Department of Agriculture (USDA) National Appeals Division (NAD) appeals.

 

  • Preparation of a farm estate and succession plan for a multi-state multi-entity operator.

 

  • Representation for Chapter 12 bankruptcies, agricultural-related loans and workouts.

 

  • Typical legal tasks related to various agricultural operations, such as: acreage reporting; acquisitions; adverse possession; agricultural leases; agricultural preservation; agricultural preservation easements; agritourism; alternate dispute resolution (ADR); animal issues (horses, livestock, hogs and the like); auctions; buried tank leakage; business sales; business structures; chemicals; compliance audits; conservation easements; contamination; crop insurance; crop liens; crop sharing; defective chemical products; defective seed; development agreements; drainage rights; easements (such as ground and utilities); eminent domain; employee and owner retirement plans; employment law; environmental; equipment leases; estate and trust administration and planning; farm labor Issues; farm liens; farm program payments; fence disputes; filing crop insurance claims; financing; governmental affairs (such as representation for assistance programs); grain contamination; groundwater and irrigation issues; grower agreements; Herbicide drift; herbicides; hunting licenses; improper pesticide application; legal entity formation; long-term care planning; marketing contracts; mergers; partition actions; nuisance; partnerships; PennEast Pipeline issues; permitting; pesticides; production contracts; quiet title actions; real estate transactions; regulatory compliance; reorganizations; right to farm applications; risk management; Section 1031 exchanges; spray drift; subdividing; succession and transition planning; strategic alliances; strategic partnering; stray voltage issues; trespass; water rights; vineyards; wineries; zoning issues.

 

  • Representation for various agriculture industry entities, such as: beverage and food producers; bio-refineries; commission merchants; cooperative organizations; electric cooperatives; equipment sellers; family farmers; farm organizations; feedlot operators; grain elevator operators; landowners; processors; production facilities; rural development projects.

 

  • Negotiated and drafted various iterations of farm leases between owners and tenants, such as: production (the owner pays no operating costs and receives a portion of the crop as rent); share (the owner pays part of the operating costs and takes a crop share plus periodic rent payments); two-installment (half in spring and half in fall); variable (with payments based on market price and yield).

 

  • Drafting wills for wealth management purposes, such as: asset protection; creation of endowments; custodian and guardian appointments; minimizing estate tax consequences; specify of gifts; specification of medical directives; trust establishment (such as annuity, charitable, credit shelter, Crummey, generation-skipping, grantor-retained, irrevocable, life insurance, qualified personal residence; Section 2503(c) minor’s); wealth allocation.

 

  • Compliance with various Federal and state agriculture-related laws and agency guidelines, such as: the Emergency Planning and Community Right to Know Act (EPCRA); Endangered Species Act (ESA); N.J. Stat. Ann. 4:20-1 to 4:20-32, N.J. Stat. Ann. 4:21-1 to 4:21-13, N.J. Stat. Ann. 48:12-46 to 48:12-48 (New Jersey Fencing and Relation Thereof to Damages by or to Animals),  National Organic Program (NOP); New Jersey Global Warming Response Act; NJSA 4:22-16.1 – NJSA 4:22-60 (New Jersey Rules and regulations; standards for humane treatment of domestic livestock); NJSA 5:15-1 - NJSA 5:15-12 (New Jersey Equine Activities); New Jersey Right to Farm Act; Perishable Agricultural Commodities Act (PACA); Resource Conservation and Recovery Act (RCRA); Safe Drinking Water Act (SDWA); terms of service; United States Food and Drug Administration (FDA) and United States Department of Agriculture (USDA) practice (including administrative hearings, responses to requests for information and the like).

 

  • Research, testing, use, recommendation, specification and procurement of various crop management software (CMS) platforms (intended to provide the farmer with data and tools specifically designed to maximize crop yield by monitoring the physical resources and labor expended to achieve the planting, maintenance and harvesting of the crop, through data analytics, facilitating the traceability and tracking of crops from farm to sale, forecasting growth and yield based on collected data, and integrating with any other devices and software the farmer may be using to collect data, manage and harvest crops), such as AgExpert Field, AgOS Grower Access, AGRanger, Agricolus, AgroPro, AgSquared, AGTools, Agvance Grain, AgVision Grain Software, Amity Agriculture Management Software, AMPIUS, Artemis, cmdty Connect, Crop Audit Plus, CropLogic realTime, CropRecords.com, Croptracker, Cropwin, Dairy One Crop Management Software, EOS Crop Monitoring, ExtendAg, Farm Files Crops, Farmis, Gatekeeper, LandMagic CropCare, Manure Management Planner (MMP), oneWeigh, PAM QA Cropping, PANTHEON Farming, PearAgri, QuickTrials, Plan-A-Head Crops, Primetics Generation Seed Management, Soft.Farm Crop Husbandry, VeggieTables, Xihelm.

 

  • Research, testing, use, recommendation, specification and procurement of various farm management software (FMS) platforms that centralize, manage and optimize the operations and production activities on farms (and may also support functions such as accounting, data collection, feed management, financial management, interaction with any other devices and software that the farmer many be using, and scheduling, seed management, tracking and monitoring the daily progress of field workers and water management), such as ABECAS Insight Ranch and Farm Management Software, Aegro, Aeros ERP, AFS Connect, AgCinect, AgDNA, Agri Tracking Systems, Agrimanager, Agrimap, Agrinavia, AGRIS, Agrivi, AgriSync, AgriWebb, AgriXP Farm LogBook & Weather, Agroptima, AgroSense, AgStar, AgStudio FARM, Agworld, Amelicor Suite, Blue Skies Accounting, CenterPoint Accounting for Agriculture, Chetu Farm Management Software, Conservis, Crop Audit Plus, Cropio, Cropolis, Croptracker, Cropwin, Cultura Technologies, DataGreen Solutions, DataTrack, EasyFarm, EasyKeeper, ExactFarming, Farm Biz, Farm Manager Pro, Farm Matters, Farm Service Manager, Farmbrite, Farmer Core, Farmers Business Network, FarmLogic, FarmLogs, FarmOS, Farm Management Pro, Feed Supervisor Software, Feedlot Solutions, fieldmargin, Granular, Harvest Profit, Herdwatch, iAgri, LiteFarm, Mergdata, Mobble, MyGrower, Navfarm, Picktrace, Plantator System, Premier Crop, Pro Feeder, Probityfarms, Produce Pro Software, Ranch Manager, SMART! Fertilizer Management, Tambero, Tania, Tend, The Animal Welfare App, TransAction Plus,TraxView.

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    Last updated 201206_2006

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