Agricultural Law and Natural Resources
The attorneys at Lenhart Obenshain have a long tradition of representing agribusiness, their managers and owners. From the traditional farming operations in dairy, poultry, beef, orchards and crops, to integrated producers, to more recently developed agribusinesses such as organic meat, dairy and produce, greenhouse produce, nurseries, water gardens, farmers’ markets, and other agribusinesses with ecotourism applications, our experience is a valuable resource in facing the unique business, real estate, and wealth management issues involved. Increasingly, these issues include the protection and stewardship of natural resources – both known resources, such as timber, wind, solar and water, and unknown resources, such as underground aquifers, minerals and natural gas yet to be discovered. Our Harrisonburg, Virginia office is situated on the eastern boarder of the Marcellus and Utica Shales, positioning the firm’s attorneys to exploit years of experience in representing landowners in negotiations with gas companies. Harrisonburg is located in Rockingham County, the largest agricultural county in the Commonwealth and one of the largest in the eastern United States.
The following is representative of our work:
- Counsel to Agribusinesses. Formation of poultry cooperative involving multi-million dollar private capitalization (sale of common and preferred securities), bank financing and grant funding, and permitting, enabling 130 farm families-growers to take local control not only of their farm operations but of the poultry business for which they produce; sales of national poultry companies and apple products company; formation and capitalization of processing facility for the benefit of a five-county farming community; formation and capitalization of cooperative grocery stores; formation of organic foods company and farmers’ markets. Lenhart Obenshain’s tax and business experience provides a solid foundation for helping agribusiness ventures choose the right entity, whether a cooperative, limited liability company, corporation or some other form.
- Farm Succession Planning. Lenhart Obenshain’s attorneys have assisted thousands of families in solving the challenging problem of how to divide a farm, a spring, a unique scenic or natural resource, a family mountain retreat, or the gas, solar or wind potential of certain real estate holdings among the next generation of owners. Our estate tax attorneys not only minimize, if not eliminate, estate and gift taxes, they are highly skilled in minimizing the family tension that goes along with developing the appropriate division plan. We also assist with preservation of farmland through conservation easements, negotiation of farm financings, and the use of available tax credits.
- Counsel for Owners/Developers of Natural Resources. Counsel since 2002 to Virginia’s first wind farm; negotiation of wind farm leases, water agreements, timber contracts, and mineral and gas contracts.
Virginia Business Legal Structures, Virginia Foundation for Agriculture, Innovation & Rural Sustainability (FAIRS)
If you need legal advice in these areas, contact one of the following attorneys:
John W. Flora 540.437.3111
Lisa Anne Hawkins 540.437.3118
Lynn K. Suter 540.437.3131
Jennifer E. Shirkey 540.437.3108
Mark D. Obenshain 540.437.3133
