Month: June 2025

Weather’s Impact on Corn Development

Mother nature sure has not been very cooperative this spring!  My weather station near Centerburg has recorded 8.8 inches of rain for the Month of May and 1.7 in. for June (through 6/25).  The 5 year average for May is 4.85 in. and June 4.46 in.  Looking at the 2 month totals for May and June we have had 10.5 inches.  The 5 year average for both months is 9.3 inches.  While we are only received a little over an inch of rain above normal for these 2 months, I think we would all like to forget the month of May.

The extremely wet conditions in May significantly delayed planting.  This week I have seen corn anywhere from V2 to V8.  The table below shows the approximate growing degree days from planting to the various growth stages.  At one of our plots, from April 21st (planting date) through June 19th we have accumulated approximately 872 GDD’s.  Assuming tasseling will happen around 1420 GDD’s we are about 61% complete.

You can access local weather information  anytime at: https://u.osu.edu/knoxcountyag/knox-county-weather-station-data/

The table below shows the approximate Growing Degree Days (GDD’S) required for a corn plant to progress through the different stages of development.

Table 1. Corn GDD’S by growth stage.

Top 10 Tips for Better Spraying

Source: Erdal Ozkan

Applying pesticides requires a high level of skill and knowledge. Over the years, the increasing size and complexity of sprayers have necessitated even more attention to efficiency, efficacy, and safety when spraying pesticides. Although each crop requires a slightly different approach to pesticide application, some general principles apply to nearly all spraying situations. Here are my top 10 recommendations (not in any particular order) that will make spraying efficient and effective, resulting in a higher level of biological efficacy expected from pesticides applied:

  1. Select the best nozzle type and size for the job.
  2. Carefully read and follow the specific recommendations provided in sprayer operators’ manuals and on the labels of applied pesticides.
  3. Keep spray drift in mind when spraying.
  4. Maximize pesticide deposition and coverage on the target.
  5. Slow down when spraying.
  6. Calibrate the sprayer.
  7. Check for uniformity of application.
  8. Understand how to calculate the amount of chemical product to mix in the tank.
  9. Adopt advancements in spray technology.
  10. Consider using a sprayer with an air-assisted boom.

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Potato Leafhopper is Arriving in Alfalfa

This Spring has presented plenty of challenges, and another is coming in from the south. Potato leafhoppers (PLH) are being carried into Ohio fields on southern winds and can quickly become a concern. PLH arrives around the time of first cutting and can be a pest of alfalfa into September. PLH can reach maturity in three weeks, and multiple generations can be present at the same time, being very damaging.

PLH is relatively easy to identify; the adults are lime green, wedge-shaped, and are roughly 1/8 of an inch in length. The immature nymph stages look similar but are smaller and lack wings. PLH feeding damage, commonly called hopper burn, is seen as the yellowing of alfalfa leaf tips in a V-shaped orientation.

For a video on identifying PLH, follow this link: PLH Identification and Damage in Alfalfa

Just like every pest, scouting is critical to know when spraying is an economically sound decision. To scout PLH, a 16-inch diameter sweep net, and a yardstick are needed. Be sure that the sweep net is 16 inches in diameter; if not, the control thresholds will not be accurate. With the sweep net, take 10 pendulum swings, making solid contact with the field canopy. After 10 swings, count the adults and nymphs collected, and be sure to check the seams around the rim for PLH nymphs. Take multiple samples from around the field for more accurate estimates. It is best to sample in dry and calm conditions.

For a video demonstration of PLH scouting, follow this link: Scouting for PLH in Alfalfa

The threshold for when control should be considered is 1 PLH for 1 inch of stand height. For example, if the alfalfa is 16 inches in height, the threshold for control would be 16 PLH adults and nymphs per 10 swings.

If a field has reached the threshold where action is needed, there are some extra considerations to give thought to. If the alfalfa is close to harvest, be sure to account for the preharvest interval restrictions for insecticides; there may be instances where an early or timely harvest is the better choice. Be sure to monitor the following cuttings for continued PLH pressure. PLH is most damaging to young stands, fresh regrowth, and stressed stands, since feeding can remove a great percentage of leaf area compared to a healthy mature stand.

For more information on potato leafhopper, see this factsheet: Potato Leafhopper on Alfalfa

Revisiting Minimum Wage Obligations in Ohio Agriculture

Source: Jeffrey K. Lewis, OSU Extension

Federal lawmakers have once again sparked debate over increasing the federal minimum wage, which has remained at $7.25 per hour since 2009. While many farmworkers are exempt from the federal minimum wage under the Fair Labor Standards Act (“FLSA”), a potential increase could still create significant ripple effects throughout the agricultural sector.

Earlier this month, Senators Josh Hawley (R-Mo.) and Peter Welch (D-Vt.) introduced the Higher Wages for American Workers Act, a bipartisan proposal that would raise the federal minimum wage to $15 per hour and index future increases to inflation.

Although agricultural employers in Ohio are generally exempt from federal minimum wage requirements, the reemergence of federal wage legislation presents a timely opportunity to revisit those exemptions and clarify what minimum wage obligations may apply to farm employers under both federal and state law.

Federal Agricultural Exemptions
Under the FLSA, agricultural employers are not required to pay the federal minimum wage to certain employees if one or more of the following conditions apply:

  1. Small Farm Exemption: The employer did not use more than 500 man-days of agricultural labor in any calendar quarter of the previous year.
  2. Family Member Exemption: The employee is the parent, spouse, child, or another immediate family member of the employer.
  3. Hand-Harvest Laborer Exemption: The employee:
    • is employed as a hand-harvest laborer,
    • is paid on a piece-rate basis,
    • commutes daily from their permanent residence, and
    • was employed in agriculture for fewer than 13 weeks during the previous calendar year.
  4. Youth Hand-Harvest Exemption: The employee is:
    • 16 years old or younger,
    • employed as a hand-harvest laborer,
    • paid on a piece-rate basis,
    • working on the same farm as their parent or legal guardian, and
    • receiving the same piece-rate wage as employees over age 16.
  5. Range Production Exemption: The employee is engaged in the range production of livestock.

Continue reading Revisiting Minimum Wage Obligations in Ohio Agriculture →

“Let the buyer beware” doctrine applies to real estate sales in Ohio

By: Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program

“Do your due diligence” is the lesson learned from a recent Ohio appeals court decision in a case alleging that a seller fraudulently induced a buyer in a real estate transaction. The Seventh District Court of Appeals rejected the buyer’s claim, stating that the doctrine of caveat emptor or “let the buyer beware” negated the fraudulent inducement argument because it placed a duty on the buyer to examine all “conditions open to observation.”  The court reasoned that the buyer could not blame the seller for fraud because the buyer had the duty to examine public records that provided accurate information about the property.

The case

The conflict arose from the purchase of 143 acres of land in Belmont County, negotiated by two attorneys representing the parties.  The buyer was present throughout the negotiations and read all of the e-mail correspondences between the two attorneys.  The parties agreed to a purchase agreement, the buyer ordered a title search for the property, and the purchase took place.  The buyer later learned, however, that a third party held an easement and right-of-way on the property.  The easement allowed surface activities such as locating pipelines and well pads and restricted some development activities by the buyer.

After learning of the easement, the buyer filed a lawsuit claiming fraudulent inducement by the seller.  A fraudulent inducement claim arises when someone uses a misrepresentation to persuade another to enter into an agreement.  The buyer argued that the seller was fraudulent because the seller’s attorney never mentioned the easement during the purchase negotiations. The trial court agreed and determined that through misstatements and concealment, the seller had committed fraud that was “aggravated, egregious and/or reckless.”

The Court of Appeals disagreed.  The court explained that, despite the seller’s actions, the doctrine of “let the buyer beware” obligated the buyer to investigate and examine “discoverable conditions” about the property.  The easement was discoverable, as it had been recorded in the county public records. Because the easement information was readily available and the buyer had the opportunity to investigate it, the buyer could not successfully claim fraudulent concealment, the court concluded. According to the court, the buyer could not justify reliance on the seller’s omissions about the easement when the easement itself was a public record that was available to the buyer.

What does this decision mean for property transactions?

We’re back to “do your due diligence.”  For property purchases, due diligence is the process of investigating and evaluating the property before finalizing the sale.  A purchase agreement should include adequate time for due diligence after initial terms are agreed upon.  During the due diligence period, a buyer can take a number of actions to evaluate whether or how to proceed with the purchase, such as:

  • Complete visual and physical inspections of the land and buildings.
  • Verify who holds ownership interests in the property.
  • Determine if there are any easements, deed restrictions, covenants, severed mineral rights, pipelines, leases or other types of legal interests and limitations.
  • Identify zoning and access regulations that apply to the property.
  • Investigate environmental issues.
  • Identify availability of water and utilities.

Additional inquiries might be necessary, depending on the type and intended use of the property.  Hiring an attorney and other professionals can ensure that due diligence is thorough and tailored to the type of property at issue.

The time and cost of due diligence might be painful, but the doctrine of “let the buyer beware” demands it.  As the Court of Appeals stated, “a seller of realty is not obligated to reveal all that he or she knows.  A duty falls upon the purchaser to make inquiry and examination.”