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Landowner Liability
Overview
Land ownership is a part of the American ethos that brings with it many benefits and a multitude of potential liabilities. Agricultural landowners' liability may be exacerbated by urbanization as farming operations become surrounded by urban areas and as urban dwellers pursue more outdoor recreational activities. This overview focuses on the major areas for potential landowner liability resulting from the mere ownership of agricultural land. However, state laws vary in their treatment of landowner liability and careful study of each jurisdiction's law is necessary to avoid pitfalls.
Read the full overview
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §§ 9601-9675
Emergency Planning and Community Right-to-Know Act, 42 U.S.C. §§ 11001-11050
Federal Insecticide Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. §§ 136-136y
Federal Water Pollution and Control Act (a/k/a Clean Water Act), 33 U.S.C. §§ 1251-1387
Federal Air Pollution and Control Act (a/k/a Clean Air Act), 42 U.S.C. §§ 7401-7671q
Endangered Species Act, 16 U.S.C. §§ 1531-1544
The Occupational Safety and Health Act, 29 U.S.C. §§ 651-678
Migrant and Seasonal Worker Protection Act,29 U.S.C. §§ 1801-1872
Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
Compilation of States' Right-To-Farm Statutes
Compilation of States' Recreational Use Statutes
Compilation of States' Agritourism Statutes
Regulations
Clean Air Act State Operating Permit Requirements, 40 C.F.R. Part 70
Clean Air Act Federal Operating Permit Requirements, 40 C.F.R. Part 71
Clean Water Act EPA Administered NPDES Permit Programs, 40 C.F.R. Part 122
Clean Water Act State Administered NPDES Permit Programs, 40 C.F.R. Part 123
FIFRA Worker Protection Standard, 40 C.F.R. Part 170
National Oil and Hazardous Substances Pollution Contingency Plan, 40 C.F.R. Part 300
Designation, Reportable Quantities, and Notification, 40 C.F.R. Part 302
Innocent Landowners, Standards for Conducting All Appropriate Inquiry, 40 C.F.R. Part 312
Emergency Planning and Notification, 40 C.F.R. Part 355
Hazardous Chemical Reporting: Community Right-to-Know, 40 C.F.R. Part 370
Migrant and Seasonal Worker Protection, 29 C.F.R. Part 500
FLSA Exemptions Applicable to Agriculture, 29 C.F.R. Part 780
Occupational Safety and Health Standards for Agriculture, 29 C.F.R. Part 1928
Federal Register Rules Open for Comment
Federal Register Digest
Case Law
Case Law Index for Landowner Liability
Center Research Publications
Agricultural Contracting (R. Rumley)
Wind Energy Leasing Handbook -- Workbook (Ferrell and R. Rumley)
Using Alternative Enterprises and Recreational Development to Bolster Farm Income -- Workbook (R. Rumley & Tullos)
Landowners' Legal Liability Concern - Webinar Presentation (R. Rumley)
Limiting Liability with Business Organizations - Webinar Presentation (R. Rumley)
Managing Legal Risk for Alternative Uses of Forestland (R. Rumley, Hatch, Walkingstick, E. Rumley, McPeake)
Recreational Access to Private Lands: Liability Problems and Solutions (Copeland, 1998)
States' Right-To-Farm Statutes (Springsteen, 2009)
Environmental Law: Federal Laws That Affect Agriculture - PowerPoint Presentation (Springsteen, 2009)
Legal Risk Management: Protecting Your Farm and Family - PowerPoint Presentation (Mirus, 2009)
Agricultural Contracts and the Leasing of Land - PowerPoint Presentation (Rumley, 2009)
States' Agritourism Statutes
Forms and Filing Information: Business Organizations (Rumley, 2009)
States' Recreational Use Statutes (Springsteen & Rumley, 2007)
Governments and Unconstitutional Takings: When Do Right-To-Farm Laws Go Too Far? (Centner, 2007)
Clarifying NPDES Requirements for Concentrated Animal Feeding Operations (Centner, 2007)
Planting the Seeds for a New Industry in Arkansas: Agritourism (Pittman)
Nuisance Immunity Provided by Iowa’s Right-to-Farm Statute (Dzur)
Fact Sheet on Animal Identification: Liability Exposure and Risk Management (Roberts & O’Brien)
Farmers’ Guide to GMO’s (Moeller & Sligh)
Legal Liability Issues in Agricultural Biotechnology (Kershen)
The Constitutionality of Partition Fence Statutes in the Midwest (Molloy & Reid)
Recreational Use of Private Lands: Associated Legal Issues (McEowen)
Navigability May Determine Rights of Landowners on Streams (Looney)
Agricultural Law Bibliography
Introduction | Keyword Search | Browse Categories
Legal publications on Landowner Liability:
Hunting, Recreation and Wildlife
Leases, Landlord-Tenant
Public Lands
Rural Development
Torts, Insurance
Reference Resources
Environmental Protection Agency
Major Environmental Laws
Summary: Comprehensive Environmental Response Compensation and Liability Act
Summary: Emergency Planning and Community Right-to-Know Act
Summary: Federal Insecticide, Fungicide, and Rodenticide Act
Summary: Endangered Species Act
Summary: Occupational Safety and Health Act
Cleanup Enforcement: Landowner Liability Protections
Policy Toward Owners of Property Containing Contaminated Aquifers – Memorandum
U.S. Fish & Wildlife Service
Legislation
The Endangered Species Program
Landowner Information
Other Federal Resources
Department of Labor
Publications
Landowner Liability and Protection (PA St. Dick. Sch. of Law)
Farmers’ Liability for Their Animals (U. MO-Columbia)
Reducing Liability Risks on Your Farm (Copeland)
Minimizing Liability for Public Access on Private Lands (Silberstein & Rosensweig)
Summary of Federal Laws Affecting Agricultural Employers (Econ. Res. Serv.)
The South Carolina Recreational Use Statute: An Analysis, Comparison, and Critique
(Envtl. Advoc. Seminar)
New Recreational Use Act Rules for Illinois Landowner Liability: Two Steps Forward, One Step Back
(Endres & Uchtmann)
Illinois Law Creates New Threats to Farm Trespassers (Uchtmann)
Rural Landowner Liability for Recreational Injuries: Myths, Perceptions, and Realities
(Wright, et al)
Additional Resources
Using Alternative Enterprises to Bolster Farm Incomes, Part 1 - Webinar Presentation (Tullos)
Using Alternative Enterprises to Bolster Farm Incomes, Part 2 - Webinar Presentation (Tullos)
Building on the Business Concept and Incorporating the Wildlife Lease as Your Profit Tool - Webinar Presentation (Tullos)
Drafting the Alternative Enterprise Plan for Your Property: Committing to the Budding Business - Webinar Presentation (Tullos)
Landowner Liability Posts (United States Agriculture & Food Law and Policy Blog)
Indiana Farm Fence Laws (Purdue U.)
Facts Sheets on Agricultural Law (OH St. U.)
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