Agriculture Law

The issue of farmland preservation is also a concern for many farmers in the Shenandoah Valley and throughout the Commonwealth. Conservation easements are most often used to preserve agricultural areas and woodlands which provide beautiful scenery across Virginia. Many farmers also use conservation easements to lower the developmental value of their property so that the family farm can be passed on to the next generation without incurring significant estate taxes.

To help make conservation easements meet the needs of farmers, one of our attorneys has been deeply involved in working with the Virginia Department of Agriculture and Consumer Services, the Virginia Outdoors Foundation, and others to develop a conservation easement template specifically designed for working farms. 

If you own significant acreage which you want to protect from future development, partnering with BotkinRose to structure a conservation easement could achieve your goal and also provide you with tax benefits.

Many farmers purchase crop insurance to protect themselves against either the loss of their crops from natural disasters, such as drought and flooding, or the loss of revenue due to a declining price of crops and other agricultural commodities. BotkinRose can help farmers with issues that arise pertaining to their crop insurance coverage and policies. Such issues include decisions made by the insurer or the USDA Risk Management Agency that affect the farmer’s eligibility to participate in the Federal Crop Insurance Program.

If you are purchasing, improving, leasing, or developing real property, BotkinRose can help you comply with environmental regulations pertaining to air and water quality. This includes lead-based paint, lead, asbestos, radon, sick building syndrome, and mold, as they relate to the sale or lease of real property. Federal environmental law governs the renovation and demolition of buildings and the potential liability faced by building owners for personal injuries caused by exposure to these hazardous materials.

BotkinRose attorneys can help you protect your assets from significant estate, income, capital gains, and gift taxes. Tax planning is important for a variety of situations ranging from helping you to pass the family farm on to the next generation through conservation easements and revocable trusts (which allow you to save on estate taxes) to simply protecting your assets from estate, gift, and generation-skipping taxes so that your loved ones receive more of the wealth you worked to secure. Tax planning can create significant savings given the top federal estate tax rate. 

The type of planning you need depends on your goals and concerns, your assets and how they are owned, and your family structure. This planning usually involves a power of attorney, advance medical directive, and a will. BotkinRose attorneys can make sure that your assets pass to the next generation in the most efficient and cost effective manner.