Law

Inversion and Drift Mitigation – Workshop on December 14

Inversion and Drift Mitigation Workshop
Dec. 14, 2018 • 10 a.m. – noon

10 – 11 a.m. Weather Conditions and Potential Inversions
Speaker: Aaron Wilson, Weather Specialist & Atmospheric Scientist, OSU Extension, Byrd Polar & Climate Research Center

11 – noon Using FieldWatch to Communicate
Speaker: Jared Shaffer, Plant Health Inspector, Ohio Department of Agriculture

Two choices for attending the workshop:

Attend in person (pre-registration required, limited to the first 75 people registered)
Ohio Dept. of Agriculture • Bromfield Administration Building
8995 E. Main St., Reynoldsburg, OH 43068
Click here to register

Attend virtually:
Link coming soon – no pre-registration required

No cost to attend. Core commercial and private pesticide recertification credits available only athe Reynoldsburg in-person location. Limited to the first 75 registered. No recertification credits given for virtual/internet attendees.

For more information about the workshop, contact:
Cindy Folck, folck.2@osu.edu
614-247-7898

Event sponsored by OSU Extension IPM program and the USDA NIFA Crop Protection and Pest Management Competitive Grants Program (Grant number 2017-70006-27174).

 

Precautions for Dicamba use in Xtend Soybean

Ohio, Indiana, and Illinois are heavily infested with weeds resistant to glyphosate (group 9), PPO inhibitors (group 14), and ALS inhibitors (group 2). This has greatly reduced the number of effective postemergence herbicides for controlling these weeds in Roundup Ready 2 (RR2) soybeans. Adoption of Roundup Ready 2 Xtend (glyphosate and dicamba resistant – RR2 Xtend) soybeans and use of dicamba-based herbicides is one option for managing resistant weed populations. Keep in mind that selection for dicamba resistance occurs each time dicamba is applied, and over reliance on this technology will lead to the development of dicamba-resistant weed populations.

The extension weed science programs at The Ohio State University, Purdue University, and the University of Illinois recently collaborated to revise suggestions and precautions for use of dicamba in dicamba-resistant soybean.  The United States Environmental Protection Agency renewed labels of Xtendimax, Engenia, and FeXapan last October, and this updated extension weed science publication offers additional suggestions to help further reduce off-target dicamba movement.

Click here to view the publication

Landowner’s Evidence Not Determinative in CAUV Tax Appeal According to Ohio Supreme Court

Source: Evin Bachelor, Law Fellow, Agricultural and Resource Law Program

 

A landowner may present evidence regarding the value and acreage of his or her land, but the Board of Tax Appeals (BTA) is free to weigh that evidence as it wishes, according to the Ohio Supreme Court.  All seven justices agreed that the BTA in the case of Johnson v. Clark County Board of Revision acted with appropriate discretion, although two justices did not sign onto the reasoning as to why the BTA acted appropriately.  The case involved a property owner’s challenge of the Clark County Auditor’s determination of Current Agricultural Use Valuation (CAUV) for property tax purposes.

Click here to read more

Save the Date

Save the Date!

The following meetings are scheduled for 2019

January 16 – Precision Ag Symposium – All Occasions Catering – Waldo

Featuring the most up-to-date information on Precision Ag Technologies

January 29 – Pesticide and Fertilizer Re-certification – 5:30 p.m.

1025 Harcourt Rd. Mt. Vernon

March 27 – Pesticide and Fertilizer Re-certification – 9:00 a.m.

1025 Harcourt Rd. Mt. Vernon

***Continue to check back for more information on these and other Winter Educational Events ***

Registration of Dicamba for Use on Dicamba-Tolerant Crops

The EPA extended the registration for two years for over-the-top use of dicamba to control weeds in fields for cotton and soybean plants genetically engineered to resist dicamba. This decision was informed by extensive collaboration between EPA, the pesticide manufacturers, farmers, state regulators, and other stakeholders. The registration includes label updates that add protective measures to further minimize the potential for off-site damage.  The registration will automatically expire on December 20, 2020, unless EPA further extends the registration.

The following label changes willbecome effective this year.

  • Only certified applicators may apply dicamba over the top (those working under the supervision of a certified applicator may no longer make applications)
  • Prohibit over-the-top application of dicamba on soybeans 45 days after planting and cotton 60 days after planting
  • For cotton, limit the number of over-the-top applications from 4 to 2 (soybeans remain at 2 OTT applications)
  • Applications will be allowed only from 1 hour after sunrise to 2 hours before sunset
  • In counties where endangered species may exist, the downwind buffer will remain at 110 feet and there will be a new 57-foot buffer around the other sides of the field (the 110-foot downwind buffer applies to all applications, not just in counties where endangered species may exist)
  • Clarify training period for 2019 and beyond, ensuring consistency across all three products
  • Enhanced tank clean-out instructions for the entire system
  • Enhanced label to improve applicator awareness on the impact of low pH’s on the potential volatility of dicamba
  • Label clean up and consistency to improve compliance and enforceability

Click Here To Read The Entire Article

 

 

License Required to Broker Oil-and-Gas Leases in Ohio

Those who help obtain oil-and-gas leases in Ohio for oil-and-gas development companies must be licensed real-estate brokers, the Ohio Supreme Court ruled today (9/25/2018).

The Supreme Court affirmed the dismissal of Thomas Dundics’ lawsuit against Eric Petroleum Corp. and its owner for nonpayment after Dundics found property owners, negotiated gas leases, and worked with Eric Petroleum to obtain leases. Dundics did not have a real-estate broker license and claimed that negotiating subsurface leases did not require a license.

Writing for the Court majority, Chief Justice Maureen O’Connor stated that nothing in Ohio’s real-estate broker law — R.C. 4735.01 — excludes oil-and-gas leases.

Justices Judith L. French, Patrick F. Fischer, and R. Patrick DeWine joined the opinion, as did First District Court of Appeals Judge Beth A. Myers, sitting for Justice Mary DeGenaro. Justices Terrence O’Donnell and Sharon L. Kennedy concurred in judgment only.

Understanding Ohio’s Line Fence Law

BY  | OCTOBER 11, 2018 · 11:05 AM

Since significant changes were made to Ohio’s Line Fence Law in 2008, landowners have contacted us with a variety of questions about how it works.  We have compiled many of the frequently asked questions in our new law bulletin, appropriately titled Ohio’s Line Fence Law: Frequently Asked Questions.  The law bulletin answers questions like:

  • Who has to pay for a new line fence?
  • Can I stop my neighbor from installing a new line fence?
  • Who has to pay for maintenance and upkeep of a line fence?
  • What is the role of the township trustees?
  • What happens when my neighbor and I disagree?

The new law bulletin is available here.  If you still have some questions about Ohio’s line fence law, check out the Line Fence Law section of our Ag Law Library here, including our more in-depth fact sheet and our explanation about line fence affidavits.

Syngenta corn seed settlement claims due October 12

Source: Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law

Those post cards advising producers of a $1.51 billion settlement in the Syngenta corn seed lawsuits are legitimate, and corn producers seeking compensation from thesettlement must file claims by 11:59 p.m. on October 12, 2018.  The settlement is the result of class action and individual lawsuits alleging that Syngenta failed to receive import approval from China before selling its genetically modified Viptera and Duracade seeds in the United States, which led to the rejection of  U.S. corn shipments and a lowering of corn prices from 2013 to 2018.

Who can file a claim?

Three types of claimants that were involved in the U.S. corn market between September 15, 2013 and April 10, 2018 may file claims:

  • Corn producers, which includes any owner, operator, landlord or tenant who shared in the risk of producing any variety of corn, not just Syngenta varieties.  Landlords who operated under fixed cash leases are not eligible.
  • Grain handling facilities that purchased, transported, stored, handled and sold any variety of corn.
  • Ethanol production facilities that produced, purchased and sold dried distillers’ grains from any variety of corn.

How to file a claim?

File electronically through a secure, encrypted portal at www.CornSeedSettlement.com or download a printed form on the same website to file via U.S. mail.  Claimants must file using either a federal tax ID number or social security number and must file a separate claim for each Form 578 filed with FSA.  Note that the settlement claims administrator states that all claims information is confidential and will be destroyed after the payment of claims.

How much will a claimant receive?

Payments will vary and will depend upon the total number of filed claims.  For corn producers, the claims administrator will determine payments based on the following factors: (1) compensable recovery quantity as calculated by number of acres, ownership interest, NASS county yields and predetermined marketing year averages, (2) the year of planting, (3) the producer’s ownership interest, and (4) whether the producer purchased and planted Agrisure Viptera or Duracade seed or a different variety.

When will claimants receive payments?

A claimant might not receive a payment for about a year.  A court hearing to approve the settlement will take place in the U.S District Court in Kansas on November 15, 2018.  If the court approves the settlement, those who object to the approval can file appeals.  Final payments won’t occur until the court resolves all appeals, which could take about a year or more.

Must claimants report payments as income?

Class action settlement payments that compensate for the loss of business income should be reported for tax purposes.  Claimants should consult with tax advisors to determine IRS reporting requirements.

For more information, an extensive list of frequently asked questions about the Syngenta corn seed settlement is available here.

Hunters on the land? Recreational User’s Statute protects landowners from liability

Source: Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law

A question we often hear from landowners is “will I be liable if a hunter is injured on my property?”  Ohio’s Recreational User’s Statute is an excellent risk management tool for farmers who so often have hunters stopping by and asking for permission to hunt on the farm.  The law provides immunity for landowners of non-residential land who allow people to engage in recreational activities on the land without charging a fee for the activity.  The law states that by granting permission, the landowner is not extending any assurance to a recreational user that the premises are safe for entry or use.

To receive the law’s liability protection, it’s important for a landowner to meet the following requirements:

  1.   Grant permission to a person to engage in a recreational activity such as hunting, fishing, hiking, snowmobiling, four-wheeling, or other recreational activities.
  2.   Don’t charge a fee or benefit for the use, except that the law does allow a lease payment fee.

Read more about the law in our new bulletin,  The Who, What, When, and Where of Ohio’s Recreational User Statute: What Landowners Need to Know.   The bulletin is available here.

Watersheds in Distress – New Reg’s Coming

Governor John Kasich signed an executive order on July 11, 2018 directing the Ohio Department of Agriculture (ODA) to “consider whether it is appropriate to seek the consent of the Ohio Soil and Water Commission (OSWC) to designate” certain watersheds “as watersheds in distress due to increased nutrient levels resulting from phosphorous attached to soil sediment.”  Since that time, ODA has submitted a proposed rule dealing with Watersheds in Distress.  Amendments were made to the proposed rule after evaluating the first set of public comments, and ODA is now resubmitting the rules package.

 Highlights of the Department’s revisions include the following changes:
  1. Make the proposed rule mirror the existing standards in the Revised Code that govern the application of manure and fertilizer on frozen, snow-covered and rain-soaked ground in the Western Basin.  These standards were enacted in Senate Bill 1 of the 131st General Assembly;
  2. Remove the manure application prohibition window for Grand Lake Saint Marys;
  3. Give the Director more flexibility in establishing the deadline for the submission and approval of nutrient management plans;
  4. Allow farmers to attest to the completion of their nutrient management plans by the deadline, while maintaining Ohio Department of Agriculture oversight to verify the completion and incorporation of a nutrient management plan.

A draft of the newly amended proposed rules is available here.