Law

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.

Changes Made to Ohio’s Prohibited Noxious Weeds List

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

Palmer Amaranth

New changes to Ohio’s prohibited noxious weeds list took effect Friday, September 14th.  The Ohio Department of Agriculture (ODA) added 13 new species to the list, and removed 3 species.

On this blog, throughout the spring and summer I posted information and identification tips on each of the 21 Ohio noxious weeds.  This information can be easily found by typing “noxious weeds” in the Search this blog… box found on any page within our blog.  In the upcoming weeks, I will add similar posts for each of the new weeds added to this list.

Added to the list of prohibited noxious weeds are:

  • Yellow Groove Bamboo (Phyllostachys aureasculata), when the plant has spread from its original premise of planting and is not being maintained.
  • Field bindweed (Convolvulus arvensis).
  • Heart-podded hoary cress (Lepidium draba sub. draba).
  • Hairy whitetop or ballcress (Lepidium appelianum).
  • Perennial sowthistle (Sonchus arvensis).
  • Russian knapweed (Acroptilon repens).
  • Leafy spurge (Euphorbia esula).
  • Hedge bindweed (Calystegia sepium).
  • Serrated tussock (Nassella trichotoma).
  • Columbus grass (Sorghum x almum).
  • Musk thistle (Carduus nutans).
  • Forage Kochia (Bassia prostrata).
  • Water Hemp (Amaranthus tuberculatus).

Removed from the list are:

  • Wild carrot (Queen Anne’s lace) (Daucus carota L.).
  • Oxeye daisy (Chrysanthermum leucanthemum var. pinnatifidum).
  • Wild mustard (Brassica kaber var. pinnatifida).

Continue reading Changes Made to Ohio’s Prohibited Noxious Weeds List →

Harvest Considerations to Reduce Weed Seed Movement

Source: Iowa State University Extension

Weed seed spread by a combine

Harvest is just around the corner for many Iowa farmers and now is a good time to consider options to reduce movement of weed seed between fields with harvest equipment. While we may not think of it during harvest time, combines are extremely effective at transporting seed from field to field. A few precautions leading up to harvest and during harvest can help manage any escaped problem weeds.

Prior to harvest, scout fields for escaped weeds since weeds are easier to see after crops have matured. This is important to identify problem fields or areas for next year. Your notes about weed problems are critical to choosing effective management tactics for next year, so make this a priority prior to harvest. In some situations scattered weeds could be removed from the fields prior to harvest. It is much easier to manage weed issues before they drop mature seed or before that mature seed goes through a combine.

… Click here to see full article

Last reminder – FSR Agronomy College is September 11th

The Farm Science Review Agronomy College is held in partnership between the Ohio AgriBusiness Association & OSU Extension. The event is designed to educate agronomists, Certified Crop Advisers, custom applicators and farmers on current agronomic crop issues.

Topics we think you will be interested in:

  • Updates to the Tri-State Fertilizer Recommendations
  • Ohio Phosphorus Risk Index update and on-line tool demonstration
  • Got Weeds, Insects, Diseases? It’s been a great year for pests.
  • Want ideas to try on Variable Rate Soybeans?

Date: September 11, 2018

Location: Farm Science Review – Molly Caren Agricultural Center, London, OH

Time: Check-in begins at 8:30 a.m.; sessions begin at 9 a.m. and conclude at 4:00 p.m.

Cost: $120 Registration: Click here to register for the event. (or try this link:http://oaba.net/aws/OABA/pt/sd/calendar/67757/_PARENT/layout_details/false)

Contact: Janice Welsheimer at 614-326-7520 or by email: jwelsheimer@oaba.net, or for additional information, contact Harold Watters at 937-604-2415 or by email: watters.35@osu.edu.

Palmer Amaranth – Remain Vigilant!

As weeds continue to rear their ugly heads above the soybean canopy, it is important to remain vigilant and continue scouting your corn and bean fields on a regular basis.  We are seeing many weeds, Palmer Amaranth, Marestail, Waterhemp, Pigweed, Ragweed (Giant & Common), and various grassed, just to name a few.

Marestail, Palmer Amaranth and 19 other weeds are on the Ohio Noxious weed list. This designation requires that the landowner Public or Private MUST control these evasive weeds.  See earlier posts in this blog for more information on each of the 21 noxious weeds in Ohio.

Need help to identify weeds? As you scout your fields and you come across a weed that you’re not sure about; Is it Pigweed, Is it Waterhemp, Or is it Palmer.  If you are not sure call me at 740-397-0401 and I will be happy to help you with the identification. Visit our Knox County Extension YouTube channel (Click Here) for locally produced videos an how to identify and control this devastating weed.  Additional resources for Palmer Amaranth can be found on the OSU Weed Management Blog (Click Here).

Palmer Amaranth may very well be the most devastating pest you have/will ever encounter. Soybean yield losses approaching 80% and corn yield losses exceeding 90% have been reported.  A single female plant can produce up to 1,000,000 seeds and these seeds can remain viable in the soil for many, many years.  As Dr. Mark Loux states “Waterhemp and Palmer Amaranth will have more impact on the profitability of your farm operation than probably any other weed.  Palmer Amaranth, in the south, essentially doubled the herbicide costs in beans.” Remember, weed seeds are easily spread within a field and from field to field during harvest.

It is Your Farm, Your Field, Your Operation, Your Future – Protect it by keeping a watchful eye on your fields!