Ohio Ag Law Blog–Farms, recreational activities and legal risk

Tuesday, July 2nd, 2019

Written by Peggy Kirk Hall, Associate Professor, Agricultural & Resource Law

With summer in full swing, Ohio’s poor planting season won’t dampen the desires of those who want to use farmland for recreational activities like fishing or riding ATVs.  And while we worry over the washouts in so many farm fields, an archaeological buff recently explained that those wash outs provide a good opportunity to find arrowheads and other relics.  The fact that a field wasn’t planted didn’t stop a hot air balloon operator from asking a farmer if he could land in the unplanted field recently.   Even when the land is not highly productive, Ohio farmland is always appealing to recreational enthusiasts for these and other types of recreational activities.

But what if a farmer doesn’t want recreational enthusiasts on the property or doesn’t want the risk of potential liability for a recreational user?  A few of our resources provide guidance for these situations, which we can address in two important questions:

1.    Do you not want people engaging in recreational activities on your farm?  If so, then take a look at our law bulletin on The Do’s and Don’ts of Dealing with Trespassers on the Farm.  If you don’t give a person permission to come onto the farm for recreational purposes, the person is trespassing if he or she chooses to enter the property without your permission.  But be aware that a landowner can’t intentionally put a trespasser in harm’s way and in certain situations, can be liable for a trespasser who suffers harm on the property.  Know the legal rules for dealing with trespassers so that you can protect your property without risking liability.  We explain these rules and situations in the law bulletin.

2.    Are you okay with letting a person use your farm for recreational activities?  If so, you’ll want to read our law bulletin on Okay to Play:  Ohio Recreational User Statute Limits Liability for Hunters, Snowmobilers, and More.  Ohio’s Recreational User Statute offers immunity to landowners who allow recreational uses, but only if the landowner meets the four conditions of the law.  A landowner of nonresidential premises who gives permission to a person to engage in recreational activities without charging a fee doesn’t have the traditional legal duty to keep the recreational user safe from harm.  Our law bulletin explains each of the statute’s important conditions in detail so that a landowner can qualify for its liability protection.

Like the weather, managing the risk of recreational users and trespassers on the farm is a constant challenge for farmers.  But unlike the weather, a landowner can effectively control this type of risk.  When someone shows up to fish, ride ATVs, hunt arrowheads or land a balloon on the farm, be ready by having a good understanding of the laws that apply to recreational activities on the farm.

Published on July 1, 2019

COLUMBUS—A new event that will celebrate Ohio agriculture, Ohio communities, and Ohio children is planned for the 2019 Ohio State Fair.

The inaugural Dean’s Charity Steer Show will be held from 2–4 p.m. on Tuesday, July 30, at the Voinovich Livestock & Trade Center at the Ohio Expo Center and State Fair.

The event will be hosted by Cathann A. Kress, vice president for agricultural administration and dean of The Ohio State University College of Food, Agricultural, and Environmental Sciences (CFAES).

“This will be an exciting event to bring together our community to celebrate agriculture and kids, both for our 4-H youth development programs as well as youth benefitting from the Ronald McDonald House,” Kress said. “All proceeds from the show will benefit the Ronald McDonald House Charities of Central Ohio.”

Thirteen celebrity exhibitors, most of whom have no livestock experience, will not only show a steer, but will also compete to see who can raise the most money for Ronald McDonald House Charities of Central Ohio. Each exhibitor will be paired with an experienced 4-H livestock family and their steer, and practice with them before entering the show ring.

Families and Ohio 4-H members will represent the counties of Athens, Carroll, Fayette, Geauga, Highland, Huron, Licking (the Graham family), Miami, Pickaway, Putnam, Tuscarawas, and Wood.

Celebrity exhibitors, in addition to Kress, will include Matt Barnes, WCMH-TV Channel 4 anchor; Mark Berven, president and chief operating officer of Nationwide Property & Casualty; Bobby Carpenter, former Ohio State and NFL football player, and Anthony Rothman, sports talk hosts for “Carpenter and Rothman” on 97.1 FM The Fan, Columbus; Jay Edwards, small business owner from Athens County; Clay Hall, sports director for Columbus’ WSYX 6/Fox 28 TV; Woody Johnson, host of “Woody and the Wake-Up Call” on WCOL-FM 92.3, Columbus;

Clark Kellogg, former NBA player and lead CBS Sports college basketball analyst; Rick Malir, chief executive officer and co-founder of City Barbeque; Bob McElligott, sports broadcaster for the Columbus Blue Jackets; Shelley Meyer, former first lady of Ohio State football and instructor for Ohio State’s College of Nursing; Bob Peterson, public servant and eighth-generation farmer from Fayette County; and Adam Sharp, executive vice president of the Ohio Farm Bureau Federation.

“Every dollar we raise means families can stay together only steps away from their hospitalized child during one of the most stressful times of their lives,” Kress said. “Last year, more than 4,500 families were provided 82,000 nights of lodging by the Columbus Ronald McDonald House, the largest Ronald McDonald House in the world.”

The facility provides a home-away-from-home for families facing a child’s illness and hospitalization. Located across the street from Nationwide Children’s Hospital, the Columbus Ronald McDonald House provides not only lodging, but also meals, a place to rest, laundry facilities, an exercise room, informal gathering areas, and activities for siblings of hospitalized children.

The Dean’s Charity Steer Show, which will be an annual event, will be coordinated by CFAES, the Telhio Credit Union, and the Ohio Cattlemen’s Association.

To learn more and to donate to your favorite celebrity exhibitor, visit give.osu.edu/deanscharitysteershow.