Legal, Insurance, Business Stucture

Fence laws, liabilities, and insurance needs

OSU Extension to Hold “Planning for the Future of Your Farm” Webinar Series in 2023

| Nanette Neal

OSU Extension will be hosting a four part “Planning for the Future of Your Farm” webinar series on January 23 and 30 and February 6 and 13, 2023 from 6:30 to 8:00 p.m. This workshop is designed to help farm families learn strategies and tools to successfully create a succession and estate plan that helps you transfer your farm’s ownership, management, and assets to the next generation.

Topics discussed during this series include: Developing Goals for Estate and Succession; Planning for the Transition of Management; Planning for the Unexpected; Communication and Conflict Management during Farm Transfer; Legal Tools and Strategies; Developing Your Team; Getting Your Affairs in Order; and Selecting an Attorney.

The instructors for this series will be:

Robert Moore, Attorney with the OSU Agricultural & Resource Law Program. Prior to joining OSU, Robert was in private practice for 18 years where he provided legal counsel to farmers and landowners.

David Marrison, OSU Extension Field Specialist, Farm Management. David has worked for OSU Extension for 25 year and is nationally known for his teaching in farm succession. He has a unique ability to intertwine humor into speaking about the difficulties of passing the farm on to the next generation.

Because of its virtual nature, you can invite your parents, children, and/or grandchildren (regardless of where they live in Ohio or across the United States) to join you as you develop a plan for the future of your family farm. Pre-registration is required so that a packet of program materials can be mailed in advance to participating families. The registration fee is $75 per farm family.  Electronic copies of the course materials will also be available to all participants. The registration deadline is January 16, 2023.

OSU Extension appreciates the support of the Ohio Corn & Wheat Growers Association in sponsoring the mailing of these materials.

More information and on-line registration can be obtained at go.osu.edu/farmsuccession

Informational brochure

More information about this program can be obtained by contacting David Marrison at marrison.2@osu.edu or 740-722-6073.

Like Kind Exchange Basics

| Nanette Neal

Many people are familiar with a Like-Kind Exchange (LKE) as a strategy to potentially save taxes on the sale of real estate.  While it is true LKEs can be used to defer significant taxes, the process required to implement LKEs it often not well understood.  The following are answers to a few of the more common questions about LKEs.  A better understanding of LKEs may help you determine if a LKE may be an option for your next real estate transaction.

Read more here

Power of Attorney Documents

| Nanette Neal

When going through the estate planning process, determining and implementing the terms and conditions of the will or trust consume the most time.  However, some thought and consideration should be given to the Power of Attorney (POA) documents that are typically completed at the same time as the will or trust.  The POA documents designate who may act on behalf of someone who is alive but unable to act for themselves.   These documents are very important, especially for those people who are operating farms and businesses. Read more here…

OSU Income Tax Schools 2022- Two-Day Tax Schools for Tax Practitioners & Agricultural & Natural Resources Income Tax Issues Webinar

| Nanette Neal

Tax provisions related to new legislation as well as continued discussion related to COVID-related legislation for both individuals and businesses are among the topics to be discussed during the upcoming OSU Income Tax Schools offered throughout Ohio in October, November, and December.

The annual series is designed to help tax preparers learn about federal tax law changes and updates for this year as well as learn more about issues they may encounter when filing individual and small business 2022 tax returns.

Will or Trust?

| Nanette Neal

 A common question when starting the estate planning process is: do I need a will or trust?  There are a number of factors that must be considered before this question can be answered.  A trust is a common estate planning tool but not everyone needs one.  Oftentimes, the best plan includes only a will. The following are […]

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by Robert Moore, Attorney, OSU Agricultural & Resource Law Program

moore.301@osu.edu

Ohio Farmland Leasing Update

| Nanette Neal

Join us for a Farmland Leasing Update webinar

Winter is a good time to review farm leases, for both economic and legal reasons.  We’ll provide you with current information to help with the farmland leasing process in our Ohio Farmland Leasing Update webinar on February 9, 2022, from 7 to 9 p.m.   Barry Ward, Leader of Production Business Management for OSU Extension, will address the economic issues and our legal team of Peggy Hall and Robert Moore will provide the legal information.

Our agenda will include:

  • Current economic outlook for Ohio row crops
  • Research on cash rent markets for the Eastern Corn Belt
  • Rental market outlook fundamentals
  • Negotiating conservation practices
  • Using leases in farmland succession planning
  • Ohio’s proposed law on providing notice of termination
  • Ensuring legal enforceability of a lease

There is no fee for the webinar, but registration is necessary.  Register at https://go.osu.edu/farmlandleasingupdate.

The legal roundup: ag law questions from across Ohio

| Nanette Neal

I recall sharing my concern with a professor when I was in law school:  how will I ever know all the answers to legal questions?  No worries, he said.  You can’t know the answer to every legal question, but you do need to know how to find the answers.  I think of that advice often as legal questions come across my desk.

We’ve had a steady stream of them this summer, and the questions provide a snapshot of what’s going on around the state.  Here’s a sampling of questions we’ve received recently, complete with our answers—some we knew and some we had to find. Read more…

  • What do you know about the $500 million to be set aside at USDA for meat processors—who will administer it and what is the timeline?
  • If I enroll my land in the Wetlands Reserve Program, does the land still qualify for Current Agricultural Use Valuation tax treatment?
  • Are there any special requirements for a cottage food producer for selling “gluten free” or “vegan” products?
  • Are there regulations pertaining to online sales of perennial plants?
  • Does a “Scenic River” designation by the Ohio Department of Natural Resources allow the agency to take my property that’s along the river?
  • Do I need a license to make and sell egg noodles from the farm?
  • Is raising and training dogs considered “animal husbandry” for purposes of d the agricultural exemption from township zoning authority?
  • Can both landowners be assessed half the cost of removal of noxious weeds that are growing in a partition fence?

BY  | AUGUST 10, 2021, Associate Professor and Director, OSU Agricultural & Resource Law Program

It’s time to talk noxious weed laws…

| Nanette Neal

Poison hemlock and Canada thistle are making unwelcome appearances across Ohio, and that raises the need to talk about Ohio’s noxious weeds law.  The law provides mechanisms for dealing with noxious weeds—those weeds that can cause harm to humans, animals, and ecosystems.  Location matters when we talk about noxious weeds.  That’s because Ohio law provides different procedures for dealing with noxious weeds depending upon where we find the weeds.  The law addresses managing the weeds on Ohio’s noxious weeds list in these four locations:

  1. Along roadways and railroads
  2. Along partition fence rows
  3. On private land beyond the fence row
  4. On parklands

Read more here