Maryland Risk Management Education Podcast

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss estate planning, the importance of using an attorney, and other basics in the process during the COVID-19 pandemic. If you have questions for Tiffany, you can email her  here  or tweet her at @ TiffDowell .  If you have questions for Paul contact him at  lgoering@umd.edu , tweet him @ aglawPaul, on Instagra...

In this episode, Paul discusses a frequently asked question of can a farm dog be a nuisance in Maryland.  The answer will depend upon the county code exempting farm dogs from the nuisance dog ordinance or potentially on the county's right-to-farm ordinance. Materials discussed in this episode:  Goeringer, Paul, Frequently Asked Questions: Paul, My Farm Dog Barks a Lot and the Neighbors Complain. D...

In this episode, Paul discusses the 2020 federal estate tax and gift tax limits and the Maryland estate tax limit.  Each year the federal estate tax limit goes up due to inflation and the federal gift tax is also tied to inflation but does not increase each year.  Maryland's estate tax limit is not tied to inflation. Materials discussed in this episode:  Goeringer, Paul,  Federal Estate Tax and Gi...

In this episode, Paul uses a court decision out of North Dakota to highlight why updating an estate plan and talking to your family about those updates is important. Materials discussed in this episode:  Goeringer, Paul. Father's Estate Plan Leaves Many Unanswered Questions Relating to Gifts to On-Farm Heir (UMD Nov. 29, 2017). University of Maryland Extension  Farm Succession and Transition Plann...

In this episode, Paul discusses why you should consider having a written farm lease. Materials discussed in this episode:  Goeringer, Paul. Need a New Year's resolution? Consider a written lease (Farm Progress Jan. 13, 2020). University of Maryland Extension  Agricultural Leasing   homepage. Vermont School of Law. Farm Lease Builder Tool (2019). If you have questions for Paul contact him at  lgoer...

In this episode, Paul discusses a decision out of Wisconsin involving a town ordinance limiting the use of scare guns by agricultural producers. Materials discussed in this episode: Goeringer, Paul. City Ordinances, Scare Guns, and Right-to-Farm Laws (Sept. 16, 2015). Goeringer and Lynch. Understanding Agricultural Liability: Maryland's Right-to-Farm Law Can Limit Liability for Maryland Farm, Comm...

In this episode, Paul discusses a Maryland workers' compensation decision involving a poultry farm manager being found to be the co-employee of both the farm owner and Tyson Farms, Inc. Materials discussed in this episode: Goeringer, Paul. M aryland Court Rules Poultry Farm Manager Is Co-Employee of Integrator in Workers' Compensation Case (Dec. 30, 2019). If you have questions for Paul contact hi...

In this episode, Paul is joined by Tiffany Lashmet from Texas AgriLife Extension to discuss the top legal issues in agriculture for 2019.  This is a joint podcast with Ag Law in the Field . Top legal issues discussed in the podcast are: Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right-to-Farm Defense, Upholding Its Constitutionality (May 11, 2019). Goeringer, Paul. Maryla...

In this episode, Paul discusses a decision out of Iowa involving a long-term lease used as apart of a farm succession plan. Materials discussed in this episode: Goeringer, Paul. L ong-Term Leases Provide a Valuable Succession Planning Tool as Recent Court Case Highlights (Oct. 30, 2018). University of Maryland Extension Farm Transitions and Estate Planning page. If you have questions for Paul cont...

In this episode, Paul discusses a recent decision out of Minnesota requiring a state agency to address concerns raised by an environmental group that the agency did not address climate change and greenhouse gas emissions from a dairy expansion raised by the group. Materials discussed in this episode: Goeringer, Paul.  Minnesota Agency Should Have Taken into Account Climate Change Impact Before All...

In this episode, Paul discusses a proposed right-to-farm and trespass bill in New South Wales, Australia.  Paul looks at how this proposed law would compare to U.S. right-to-farm laws.  Paul also looks at the increased trespass penalties on farmland. Materials discussed in this episode: Goeringer, Paul, New South Wales Considers Right-to-Farm Law and Enhanced Trespass Penalties  (Oct. 21, 2019). R...

In this episode, Paul discusses a recent opinion from the Maryland Court of Special Appeals finding that Baltimore City's food truck ordinance was constitutional and reversing the circuit court decision. Materials discussed in this episode: Goeringer, Paul,  Baltimore City Restrictions on Food Trucks Unconstitutional for Vagueness (MD Ag Podcast, April, 2018). Goeringer, Paul, Baltimore City Food...

In this episode, Paul discusses how a right-to-farm law might apply in a nuisance claim against a hemp grower.  Materials discussed in this episode: Goeringer, Paul.  Frequently Updated Questions: Hey, Paul Does Growing Hemp Qualify for the Right-to-Farm Defense? (2019). Goeringer, Paul and Dr. Lori Lynch. Understanding Agricultural Liability: Maryland's Right-to-Farm Law Can Limit Liability for M...

In this episode, Paul discusses the debt increases to Chapter 12 bankruptcy that were recently passed by Congress.  Some argue that this change is needed based on increasing farm size and increasing land values, but others argue this change could lead to increased lending costs to producers.  Materials discussed in this episode: " Family Farmer Relief Act of 2019" Raises the Aggregated Debt Limit...

In this episode, Paul discusses Maryland's laws on fencing livestock in and how county codes can modify the state's law. Materials discussed in this episode: Goeringer, Paul, Understanding Agricultural Liability: Maryland Fencing Law   (Oct. 2014). If you have questions for Paul contact him at  lgoering@umd.edu , tweet him @ aglawPaul  or 301-405-3541.

In this episode, Paul discusses when private citizens might have the right to make a citizen's arrest in Maryland.  Although it will be discussed you do in limited situations in Maryland have this right, you should never exercise the right.  Materials discussed in this episode:   Can I Make a Citizen's Arrest? (AREC, May 2014). If you have questions for Paul contact him at  lgoering@umd.edu , twee...

In this episode, Paul provides an update in the Syngenta settlement in the MIR162 class action lawsuits.  Corn growers should hopefully begin to see checks in February 2020. Materials discussed in this episode: Goeringer, Paul, Updated: Where Are My Syngenta Settlement Payments: Why Have Checks Not Been Issued Yet?   (AREC July 30, 2019). Settlement website:  http://cornseedsettlement.com/ If you...

    In this episode, Paul posts the audio from a recent webinar he did covering ag labor issues.  Recent high profile animal welfare videos have highlighted issues when employees can cause problems for livestock operations. Many farms should take a moment to review their hiring practices and how they train employees to use generally accepted handling practices that will not harm livestock. This we...

In this episode, Paul discusses the appeal in  Complete Lawn Care, Inc. v. Montgomery County , that found that Montgomery County's pesticide ordinance was not preempted by state law and over.  The ordinance created a new class of pesticides that could only be sold in the county when used on private property and county-owned property for cosmetic purposes.  The ordinance contained a number of exemp...

In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland.  The Maryland General Assembly passed HB1123 and signed by Governor Hogan.  The new legislation went into effect on June 1, 2019, but we are still waiting on USDA's regulations to see how the state will implement the law. Materials discussed in this episode:  Goeringer, Paul. 2019 Brings Potenti...

In this episode, Paul discusses a recent court decision,  Himsel v. Himsel , 18A-PL-645, 2019 WL 1758411 (Ind. Ct. App. April 22, 2019). In this decision, the Court of Appeals of Indiana upheld a farm's use of the right-to-farm defense and the constitutionality of the right-to-farm law. Materials discussed in this episode:  Goeringer, Paul. Court of Appeals Finds Indiana Hog Farm Entitled to Right...

In this episode, Paul discusses a recent court decision,  Schroeder v. Post , No. 3-18-0040, 2019 WL 258091 (Ill. App. Ct. Jan. 18, 2019). In this decision, the Appellate Court of Illinois upholds a verdict providing a landlord with damages caused by a holdover farm tenant.  This decision highlights what can happen when a tenant decides to ignore a notice to terminate the agricultural lease in man...

In this episode, Paul discusses a recent fact sheet that highlights the issues with sweat equity.  Sweat equity can develop when family farms fail to take care of the issues early on with a succession plan. Materials discussed in this episode: Mason Grahame, Dale Johnson, Catherine Onumajuru, and Paul Goeringer. Valuing On-Farm Heir's Sweat Equity Is Complicated and Agreements Should Be Developed...

In this episode, Paul provides an update on a case involving Colorado winter wheat producers who requested actual production history yield exclusion in 2015 but the USDA Risk Management Agency denied the request.  The case highlights when USDA potentially has to make new programs available to producers. Materials discussed in this episode: Ausmus v. Perdue , 289 F.Supp.3d 1227 (D. Colo. 2018) Ausm...

In this episode, Paul revisits the current situation for the production of industrial hemp in Maryland.  The Maryland Department of Agriculture recently announced the final regulations for the pilot hemp research program and is accepting applications for the program. Materials discussed in this episode:  Goeringer, Paul.  Pilot Industrial Hemp Program Now Final and Allows For Research Growing of H...