Agriculture
Agricultural law is far more than just the law of farming. As farming has evolved into agri-business, effective agricultural lawyers must be well-versed in commercial law, administrative law, environmental law, business transactions, and government relations. This modern and proactive approach is embraced by our attorneys, who recognize that as the technology of farming advances, so must the business aspects of farming.
Over the years, Kotz Sangster attorneys have provided a myriad of legal services in the field of agribusiness, and the firm’s Agriculture team includes lawyers from a cross-section of the firm’s many practices such as real estate, tax, corporate transactions, litigation, lending and intellectual property.
Our collective experience allows us to represent clients in matters such as:
- Structuring and formation of agribusiness entities, such as closely-held corporations, farm and dairy cooperatives under the Capper-Volstead Act and related laws, limited and general partnerships, among many others.
- Agribusiness lending issues, including the farm subsidies, underwriting, credit analyses, structuring and drafting of loan and security agreements and related documentation as well as loan workouts, foreclosures and exercise of creditors rights to live stock when necessary.
- Labor, employment, migrant labor and worker safety issues, such as farm equipment injuries, OSHA and wage & hour compliance.
- Dairy and livestock issues, including the purchase of sale of livestock and dairy products, advice to dairy cooperatives, and the drafting of embryo transfer agreements.
- Advising clients on laws pertinent to dairy and produce safety, such as the Food Security Act of 1985, and the Perishable Agricultural Commodities Act.
- Negotiation of farming, grazing and hunting leases.
- Real estate development, including the development of rural land into subdivisions and the resulting needs for tax free exchanges and family wealth transfer planning.
- Environmental issues, such as air emissions and wastewater discharge issues, and the representation of farmers, dairy cooperatives and ranchers in environmental litigation.
- Energy matters, including the creation and operation of rural electric cooperatives.
- Litigation arising out of land disputes, water and mineral rights, employment issues, food safety, livestock warranties, electric utilities, environmental issues and any number of other potential disputes that may arise in the agriculture industry.
- Taxation issues, including the representation of landowners in audits and tax appraisal disputes such as those involving ad valorem taxes.
