William E. Hardy, Jr. Ph.D., J.D.

Professor

College of Agriculture
Agricultural Economics

AGEC 4070
Summer Semester, 2011
Agricultural Law

8:00-9:30 a.m. Mon - Fri		Dr. William E. Hardy, Jr hardywe@auburn.edu Office Hours: Mon-Fri, 9:45 - 11:45 a.m.
Class Room: 204 Comer Hall		Other times by appointment Office: Comer Hall 012
Office Phone: 844-5620		Home Phone: 821-0855 Cell Phone: 750-1225

OBJECTIVE: To provide a foundation for understanding the basic legal systems of the U.S. with particular emphasis on the laws of Alabama. Principles of tort, contract and property law will be presented. In addition, laws which govern estate planning and those regulations and laws related to the environment will be discussed. This course is not intended to be, and in no way resembles, a law school course. The primary objective of the course is to increase your level of basic legal knowledge so that you may be able to make better decisions relative to legal issues and confrontations that you might encounter in agribusiness or everyday life.

TEXT: There is no specific text for this course. Supplemental readings and material will be used throughout the course. Comprehensive notes may be printed from my section of the Department of Agricultural Economic and Rural Sociology web page at (http://www.ag.auburn.edu/agec/Faculty/whardy/AGEC4070.php). It is EXPECTED that each student will print notes and BRING TO CLASS.

Lecture NOTES are available in PDF format.
To print the Lecture NOTES in its original form Adobe Acrobat is required.
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I. Introduction Section I

          A. The Meaning of Law and Agricultural Law
          B. Written Law and Common Law
          C. Lawyers and the Legal System
          D. Structure of the Alabama and Federal Legal
              Sytems
          E. Legal Disputes and Civil Procedure

II. Torts Section II

          A. Nature and Meaning of Tort
          B. Elements of Tort Liability and Applicable Defenses
          C. Negligence
          D. Strict Liability

III. Contracts Section III

          A. The Elements of Contracts
          B. Written and Oral Contracts
          C. The Parol Evidence Rule
          D. Remedies for Breach of Contract

IV. Nature and Meaning of Property Section IV

          A. Real and Personal Property Distinguished
          B. Fee Estates
          C. Life Estates
          D. Co-Ownership of Property
          E. Trusts

V. Acquisition and Disposition of Real Property Section V

          A. Buyer and Seller
          B. Real Estate Contracts
          C. Deeds and Warranties
          D. Legal Descriptions
          E. Guaranteeing Title

VI. Rights and Limitations in the Ownership of Agricultural Property Section VI

         A. Easements
         B. Rights-of-Way
         C. Covenants
         D. Zoning
         E. Air, Solar and Support Rights
         F. Adverse Possession
         G. Eminent Domain

VII. Rights and Limitations in the Use of Property Section VII

         A. Nuisance
         B. Pesticide Liability
         C. Liability for Entrants

VIII. Estate Planning Section VIII

         A. Probate and Estate Settlement
         B. Intestate Succession
         C. Federal Estate and Gift Taxes
         D. Wills and Trusts

IX. Water and Drainage Section IX

         A. Stream Water
         B. Ground Water
         C. Federal Involvement
         D. Boundaries
         E. Public Access
         F. Diffused Surface Water

X. Protecting the Environment Section X

         A. Water Pollution
         B. Wetlands
         C. Soil and Water Conservation
         D. Pesticide Regulation
         E. Hazardous Substances and Waste Disposal

XI. Liablity for Farm Animals Section XI

         A. Vicious Dogs and Livestock
         B. Fences, Trespassing Animals
         C. Right to Kill Animals Injuring Livestock

Grading System
	Total points
Three Hour-Exams	300
Pop Tests and Homework	25
Comprehensive Final Exam	125
TOTAL	450

A	=	409	(91%)
B	=	364	(81%)
C	=	319	(71%)
D	=	274	(61%)

**** Scheduled test dates are; May 27, June 10 and June 22. If you have complications and cannot take a test at the scheduled hour, you must check with me BEFORE the test is given. Failure to do so will result in a zero for that test.

As an incentive for a high level of achievement on the three hour-exams, any students who have an "A" average prior to the final exam (at least 295 points from the THREE EXAMS, POP TESTS and HOMEWORK) will NOT have to take the final exam. The last day that you may drop the course without any grade penalty is May 25. The last day that you may drop the course with a W grade being assigned is June 6.

The final exam for this course will be given on Friday, June 24, 2011—8:00-10:30 a.m.

If you have any medical problems or other issues that might affect your performance in this class, PLEASE let me know. This information will be held confidential. In addition, if you require special accommodations for any disability that you might have, you should contact Tracey Donald at the Office for Students with Disabilities, 1244 Haley Center (844-2096).

Class attendance is not mandatory; however, class attendance will have a direct effect on your grade. Because lectures and other classroom activities are not drawn directly from the text material, it is highly unlikely that a student will do well on the tests without attending class. Pop tests are a possibility.

The Auburn University Oath of Honor

"In Accordance with those virtues of Honesty and Truthfulness set forth in the Auburn Creed, I, as a student and fellow member of the Auburn Family, do hereby pledge that all work is my own, achieved through personal merit and without any unauthorized aid. In the promotion of integrity, and for the betterment of Auburn, I give honor to this, my oath and obligation."

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Date

Last Updated: May 4, 2011