Grassroots

The Voice of New York Farm Bureau

August 2007

Legal trouble? We have help!

A former president once said “The law is not the private property of lawyers, nor is justice the exclusive province of judges and juries.” It is for this reason that the Legal Affairs Department at New York Farm Bureau (NYFB) has developed several useful legal tools for members who must live and work in an increasingly complex legal world. The Legal Affairs Department of NYFB helps members in three distinct ways.

First is guidance to the Farm Bureau Board and staff in its day-to-day operations, to keep Farm Bureau out of legal trouble! Second, it occasionally files “friend of the court” briefs on key local, state, and national cases that the NYFB Board thinks could have precedent-setting impact on the farm community.

For example, NYFB joined with several other states and the American Farm Bureau Federation in filing a friend of the court brief in the infamous Kelo vs. City of New London eminent domain case, a case that— in effect—allowed a city to seize private property to give it to a developer who would generate more taxable economic activity, a precedent with dire potential consequences for farmers.

Another case had to do with a central New York zoning law allegedly violated by a farmer who had placed a mobile home on the farm expressly for the purpose of housing farmworkers, a use intended to be allowed by this state’s Agricultural Districts Law. With NYFB’s active support, the farmer eventually prevailed.

In addition to those important functions, Legal Affairs also provides educational, informational and referral services—but not direct legal counsel—for members. Farm Bureau has produced a popular handbook on labor and employment laws affecting farm operations. With Department of Labor actively inspecting farms, knowing what the rules are is critical to your operation.

NYFB developed a companion educational program on labor and employment matters that drew rave review from members who participated last fall. Watch for future educational programs on legal topics affecting your operation. If you would like more information about NYFB’s farm labor handbook, please call 800-342-4143 to request it.

Farm Bureau has also produced a guidebook regarding truck regulations--an area of frequent concern for farmers. The booklet is small enough to fit in your truck glove compartment. The updated edition is due out shortly. You may call the same number to receive more information.

New for NYFB members is the Legal Service and Referral Plan (the Plan). If you have need for the services of an attorney with agricultural experience, but don’t know where to turn, call NYFB’s Legal Affairs Department (same number as above) and ask for Lisa. She can check the new list of participating attorneys and what their specialties and experience are.

If a Farm Bureau member does hire an attorney through the Plan, s/he will be entitled to two hours of free consultation over the course of one year. After that, all fees are the responsibility of the member. There is an additional 15% discount on the hourly attorney rates, and a discount on many fixed fees as well.

Areas of specialty posted by participating attorneys include: administrative law, Ag Districts law, bankruptcy, contracts, corporations, environmental law, estate planning, gas / oil / mineral rights, immigration and naturalization, labor law, partnerships, private / public nuisance, real estate, small business planning, takings / eminent domain, taxation, vehicle and traffic law, and zoning.

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