At FGKS Law, we are proud to serve the farmers and agricultural businesses that form the backbone of our community. Our attorneys are deeply familiar with the unique legal challenges faced by the agricultural sector and are dedicated to providing tailored legal solutions to support and protect your farming operations. From succession planning to regulatory compliance, we offer a wide range of services to meet the needs of our agricultural clients.

AREAS OF EXPERTISE

Farm Succession Planning and Estate Planning

Planning for the future of your farm is crucial to ensure its continued success across generations. Our attorneys specialize in farm succession planning and related estate planning, helping you develop strategies to transfer your farm smoothly to the next generation while minimizing tax liabilities and preserving family harmony.

Farm Leases

We assist clients in drafting, negotiating, and enforcing farm leases. Whether you are a landowner or a tenant, our goal is to ensure that lease agreements are clear, fair, and legally sound, protecting your interests and providing a stable foundation for your farming operations.

Regulatory Compliance

Agriculture is subject to a variety of federal and state regulations. Our firm provides compliance review services to help you navigate the complex requirements of the Clean Air Act, Clean Water Act, Endangered Species Act, and Federal Insecticide, Fungicide, and Rodenticide Act. We also offer guidance on pesticide use regulations to ensure your operations remain compliant and avoid costly penalties.

Labor Matters and Undocumented Workers

Labor is a critical component of farm operations. We provide legal counsel on labor matters, including issues related to undocumented workers, ensuring that your employment practices comply with federal and state laws. Our attorneys can assist with drafting employment agreements, addressing labor disputes, and implementing best practices to manage your workforce effectively.

Adverse Possession and Property Disputes

Property disputes can disrupt your farming operations and threaten your land ownership. We represent clients in adverse possession claims and other property disputes, working diligently to protect your property rights and resolve conflicts through negotiation or litigation when necessary.

Agricultural Contracts

Clear and enforceable contracts are essential in the agricultural industry. We offer services in drafting and reviewing agricultural contracts, including sales agreements, supply contracts, and partnership agreements. Our attorneys ensure that your contracts are comprehensive and protect your interests in all transactions.

Farm Financing

Securing financing is often critical for purchasing or expanding farm operations. We assist clients in obtaining financing for farm purchases, working with lenders to negotiate favorable terms and ensuring that all legal requirements are met.

OUR PHILOSOPHY

At FGKS Law, our philosophy is rooted in a deep respect for the agricultural community and a commitment to supporting farmers with comprehensive legal services. We understand the unique challenges of farming and strive to provide practical, strategic solutions that protect your interests and help your operations thrive. Our goal is to be a trusted partner, offering personalized legal guidance to ensure the success and sustainability of your farm for generations to come.

VIEW OUR AGRICULTURAL LAW ATTORNEYS

Contact an attorney to learn more about our practice areas.

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Frequently Asked Questions on Agricultural Law

R.C. 5301.71 is an Ohio statute that addresses the termination of farm leases, including oral farm leases. Under this law, if a lease agreement does not provide for a termination date or method for notice of termination, then the notice shall be delivered on or before the first day of September, in the year the termination is to be effective, by personal delivery, facsimile, or electronic mail.

Farm succession planning is essential to ensure that farmland remains intact and within the family across generations. Without a proper succession plan, farmland can be subject to partition upon the death of the owner, potentially dividing the property among heirs who may not have the same interest in farming. This can lead to the sale or division of the land, disrupting farming operations and diminishing the legacy of the family farm. Succession planning helps outline a clear transfer of ownership and management, protecting the farm’s future.

The use of undocumented farm workers can result in significant legal and financial penalties. Employers found to be hiring undocumented workers may face fines, sanctions, and criminal charges. The penalties can include substantial monetary fines for each unauthorized employee and potential imprisonment for repeat or severe offenses. Additionally, the employer’s reputation may be harmed, and they could be subject to increased scrutiny from immigration and labor authorities.

Yes, OSHA (Occupational Safety and Health Administration) regulations apply to agricultural operations, although there are some exemptions for small farms with fewer than 10 employees and no temporary labor camps. OSHA regulations cover a wide range of safety and health standards to protect workers from workplace hazards. Farmers must comply with these regulations to ensure a safe working environment and avoid potential fines and penalties for non-compliance.

Violations of the Clean Air Act and Clean Water Act can result in severe penalties, including substantial fines and legal action. The Clean Air Act imposes penalties for exceeding emission limits, failing to obtain necessary permits, and not adhering to reporting requirements. Similarly, the Clean Water Act enforces penalties for discharging pollutants without a permit, violating effluent standards, and failing to comply with permit conditions. Penalties can include fines per violation per day, civil and criminal charges, and mandatory corrective actions to address the violations.

OUR AGRICULTURAL LAW ATTORNEYS