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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
States' Recreational Use 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
Regulations
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
FIFRA Worker Protection Standard, 40 C.F.R. Part 170
FIFRA Certification of Pesticide Applicators, 40 C.F.R. Part 171
Clean Water Act State Administered NPDES Permit Programs, 40 C.F.R. Part 123
Clean Water Act EPA Administered NPDES Permit Programs, 40 C.F.R. Part 122
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
Occupational Safety and Health Standards for Agriculture, 29 C.F.R. Part 1928
Migrant and Seasonal Worker Protection, 29 C.F.R. Part 500
FLSA Exemptions Applicable to Agriculture, 29 C.F.R. Part 780
Federal Register Rules Open for Comment
Federal Register Digest
Case Law
Note: Recently summarized cases are listed and linked in Recent Postings.
Case Law Index for Landowner Liability
Center Research Publications
States' Recreational Use Statutes (Springsteen & Rumley, 2008)
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)
Reference Resources
Federal Resources
Department of Labor
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 Acquifers – Memorandum
U.S. Fish & Wildlife Service
Legislation
The Endangered Species Program
Landowner Tools
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
Landowner’s Liabilities (U. TX- Austin)
Indiana Farm Fence Laws (Purdue U.)
Facts Sheets on Agricultural Law (OH St. U.)
Recommended Readings and Publications (not freely available electronically)
Harrison M. Pittman, Validity, Construction, and Application of States’ Right-to-Farm Acts,
8 A.L.R. 6TH 465
James L. Rigelhaupt, Jr., Liability for Personal Injury or Death Caused by Trespassing or
Intruding Livestock, 49 A.L.R. 4TH 710
Jonathan M. Purver, Liability for Injury Caused by Spraying or Dusting of Crops, 37 A.L.R.3D 833
Robin Cheryl Miller, Effect of Statute Limiting Landowner’s Liability for Personal Injury to
Recreational User, 47 A.L.R.4TH 262
John D. Copeland, Analysis of the Farmer’s Comprehensive Liability Policy, 24 IND. L. REV. 1451 (1991)
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