Tree Harvesting on Your Land: Legal Liability Issues and Precautions

By: Peggy Kirk Hall, Director of Agricultural Law, OSU Agricultural and Resource Law Program

Imagine that you have a number of dead and downed trees on your property and someone asks for permission to harvest the trees.  Typically, that person seeks an exchange:  removal of the trees at no cost in exchange for rights to the wood.  If you grant permission and the person suffers an injury while removing the trees, will you be liable for that person’s medical bills and other costs?   Are there any actions you could take to protect yourself from the potential of liability?  These are important questions a landowner should address before allowing someone to harvest dead and downed trees.  Click here to read the firewood liability factsheet.

AEDE New Faculty: Sathya Gopalakrishnan

The Department of Agricultural, Environmental and Development Economics (AEDE) at The Ohio State University, is welcoming several new faculty during the 2011-2012 academic year.  This month we highlight Professor Gopalakrishnan, who teaches several key environmental and resource economics courses in the department.  Here’s Sathya’s short biography and statement of interests:

I am an Assistant Professor in the Department of Agricultural, Environmental and Development Economics at The Ohio State University. I obtained a PhD in Environmental and Resource Economics from Duke University in 2010. I also have a Master of Science degree in Agricultural Economics from Michigan State University and a Master of Arts in Economics from the University of Hyderabad, India. I am originally from Chennai (Madras), India.

An interest in exploring the ubiquitous interdependencies between economic agents with conflicting interests and dynamic natural resources motivates my research. I study feedbacks between physical processes and economic decisions, and the policy implications of these interconnected dynamic systems. I have a specific interest in coupled models of complex coastal (physical) and economic systems, non-market valuation of environmental amenities and bioeconomic modeling. When I am not working, I enjoy classical Indian Music and nurture my interest vegetarian cooking.

Welcome Sathya!

Departmental Website: http://aede.osu.edu/about-us/our-people/sathya-gopalakrishnan    

Publications in GoogleScholar: http://scholar.google.com/scholar?hl=en&q=Sathya+Gopalakrishnan&btnG=Search&as_allsubj=some&as_subj=bus&as_sdt=1%2C36&as_ylo=&as_vis=0

Ohio Farm Custom Rate Survey 2012

Barry Ward, Leader, Production Business Management, OSU Extension

Custom farming providers and customers often arrive at an agreeable custom farming machinery rate by utilizing Extension surveys results. Ohio State University Extension collects surveys and publishes survey results from the Ohio Farm Custom Survey every other year. This year we are updating our published custom farm rates for Ohio.

 We need your assistance in securing up-to-date information about farm custom work rates, machinery and building rental rates and hired labor costs in Ohio. 

Please download the Ohio Farm Custom Rates 2012 survey and respond even if you know only a few rates.  We want information on actual rates, either what you paid to hire work or what you charged if you perform custom work. Custom Rates should include all ownership costs of implement & tractor (if needed), operator labor, fuel and lube. If fuel is not included in your custom rate charge there is a place on the survey to indicate this.

The survey is available for download as a Word document at:

http://aede.osu.edu/sites/drupal-aede.web/files/Custom%20Rate%20Survey%20Instrument%202012%20Survey.doc

 Or you may access the survey at:

 http://aede.osu.edu/programs-and-research/osu-farm-management/publications

Surveys can be completed and returned via email, mail or fax.

 email   ward.8@osu.edu

Fax     (614) 292-4749

 Address:   Attn: Barry Ward, The Ohio State University, Department of AEDE, Agricultural Administration Building, 2120 Fyffe Road, Columbus, Ohio 43210-1067

Ag Lease 101 – New Website Housing North Central Lease Bulletins and Sample Leases

Barry Ward, Leader, Production Business Management

More than half the cropland in the North Central Region of the United States is rented. Rental rate and leasing information is highly sought by both land owners and land operators.

AgLease101.org includes multi-state materials which help land owners and land operators discuss and resolve issues to avoid legal risk. The website also guides both land owners and land operators towards informed and equitable decisions.

AgLease101 was created by a team of economists and attorneys as a part of the North Central Farm Management Extension Committee. AgLease101 is online at: http://www.aglease101.org/

The “Document Library” within AgLease101 contains the newly revised bulletins and sample leases in pdf format for free download and use. The sample lease forms are all in a fillable pdf format to allow users to input their own lease values and other specifics.

Revised Lease Bulletins include:

Fixed and Flexible Cash Rental Arrangements For Your Farm (NCFMEC-01)

Crop Share Rental Arrangements For Your Farm (NCFMEC-02)

Pasture Rental Arrangements For Your Farm (NCFMEC-03)

Newly revised sample leases include:

Fixed and Flexible Cash Rental Arrangements For Your Farm (NCFMEC-01A)

Crop Share Rental Arrangements For Your Farm (NCFMEC-02A)

Pasture Rental Arrangements For Your Farm (NCFMEC-03A)

AgLease101 also includes a section of “Frequently Asked Questions” (FAQ) and a section “For Educators” that includes curriculum, teaching materials and web resources that can be used by state and county level Extension educators to conduct producer land rent / leasing workshops.

The North Central Farm Management Extension Committee is comprised of Extension Educators from the North Central Region of the United States. They provide leadership in the development of high quality research based extension programs and publications that anticipate and meet the ever changing business management educational needs of agricultural producers of the North Central States. Their programs and publications capitalize on the expertise of farm management faculty from throughout the region and country.

Ohio Court of Appeals Denies Township Challenge to ODA Anhydrous Regulations

A claim that the Ohio Department of Agriculture’s (ODA) anhydrous ammonia regulations are unreasonable and fail to protect public health and safety has again been rejected by the courts.  A recent decision by Ohio’s Fifth District Court of Appeals concluded that the challenge by Sharon Township’s Board of Trustees in Medina County failed to establish a valid legal claim.

The case raised considerable controversy in Sharon Township, where the owner of South Spring Farms requested ODA approval to install a 12,000 gallon anhydrous ammonia storage tank.   Ohio law grants ODA the authority to adopt rules concerning the handling and storage of anhydrous ammonia and other fertilizers and also prohibits any local regulation of fertilizers.   ODA created anhydrous regulations in the late 1970s; those regulations require ODA approval of the location and design of a stationary ammonia system.

ODA approved South Spring Farms’ application in 2010 and granted a permit for installation of the tanks.  Sharon Township filed a lawsuit against ODA, asking the trial court to grant an injunction prohibiting the ODA from permitting the installation of anhydrous storage tanks “until the ODA established regulations which would reasonably protect the health, safety, and welfare of people and property which can be reasonably foreseen to be exposed to the toxic and deadly effect of an uncontrolled release of this dangerous material, anhydrous ammonia.”

The legal basis for the denial of Sharon Township’s request for an injunction by both the trial and appeals courts concerns the issue of whether there is a “real and substantial controversy” that necessitates injunctive relief by the court, rather than “an opinion advising what the law would be upon a hypothetical state of facts.”  The Court of Appeals could not find any support for Sharon Township’s claim that the ODA regulations are unreasonable or fail to protect public health and safety.  Without such support, the court concluded that there was no controversy it could resolve.  Granting the township’s request for an injunction would thus amount to “judicial legislation,” said the court.

The case is one that raises questions about the relationships between agriculture and its surrounding communities.  Are communities becoming less willing to tolerate agricultural activities, even though Ohio laws are often set up to support and encourage agriculture?

The use of anhydrous ammonia is a routine practice farmers have engaged in for several decades, yet it upset a surprising number of local leaders and residents in this instance.  The large size of the tank may have been a factor, as well as the extent of non-farm residents in the area.  In addition to the possibility of a leak or spill, concerns raised by the community included proximity to many residents, fear of tampering by methamphetamine producers, an earlier chemical spill by the farm and lack of requirements for fencing.  Whether these are real or perceived threats, the fact that they were raised so strongly and taken to the court of appeals gives us cause for concern.

The case is Bd. of Twp. Trustees Sharon Twp. v. Zehringer, 2011-Ohio-6885 (Dec. 28, 2011).

RMA Makes Changes in Biotech Endorsement Program and Streamlines Crop Reporting Dates

By: Chris Bruynis, Assistant Professor & Extension Educator, Ross County

Farmers that were able to reduce crop insurance premiums by using the Pilot Biotechnology Endorsement (BE) approved by the Federal Crop Insurance Corporation Board of Directors (FCIC Board) starting with the 2008 crop year (CY), will no longer be able to beginning with CY 2012. The Pilot BE has provided a premium rate reduction to eligible producers that plant certain qualifying corn hybrids. After careful consideration, and in consultation with the pilot submitters, the FCIC Board has concluded the Pilot BE will terminate in the interest of program simplification.

However, RMA will consider an appropriate reduction in the underlying base premium rates for corn in the existing pilot area beginning with the 2012 crop year. Ohio was one of the states in the Pilot BE Program.

The Risk Management Agency (RMA) and the Farm Service Agency (FSA) have established 15 common acreage reporting dates for producers participating in RMA and FSA programs. Before the streamlining, RMA had 54 acreage reporting dates for 122 crops, and FSA had 17 dates for 273 crops.  In Ohio, this change means producers will now have four acreage reporting dates instead of five.

Beginning in 2012 burley tobacco, spring cabbage (planted 3/15-5/31), corn, grain sorghum, hybrid corn seed, spring oats, popcorn, potatoes, soybeans, tomatoes, and any other crops not listed elsewhere will have a July 15 acreage reporting date. Summer cabbage (planted 6/01-7/20) will have an August 15 acreage reporting date.

Beginning in 2013 January 15 will be the acreage reporting date for apples and grapes. December 15 will be the acreage reporting date for fall barley, fall wheat, and any other fall seeded small grain.

Farm Business New Year’s Resolutions

By: Mark Mechling, Extension Educator, OSU Extension, Muskingum County

As we begin 2012, we look forward to new opportunities and challenges. Many of us develop resolutions (lose weight, stop smoking, spend more time with family) yet fail to achieve the impact we wanted. Why? Perhaps our resolutions are too vague or broad, not written down or too difficult to reach.

Resolutions and goals are similar. They are definite statements of how you plan to achieve your vision of the future. In management education they are referred to as SMART goals. They should be Specific, Measurable, Attainable, Rewarding and Timed.  Goals should focus your attention, energy and action on desired results.

Consider the following when making your new year’s resolutions or goals- Write them down, start small, share them with others, keep them in front of you on a daily basis and reward yourself when successful.

Here are a few management resolutions that you might want to consider adding to your list for the new year.

In 2012, I resolve to:

Participate in at least one OSU Extension management education program such as Annie’s Project or a landowner’s program on oil and gas leasing.

Conduct at least two family business meetings to discuss conflict resolution, job descriptions, succession strategies and other long range plans. Read the OSU Extension Fact Sheet by Chris Zoller on family business meetings at : http://ohioline.osu.edu/bst-fact/pdf/3612.pdf for additional information.

Complete a will. Surveys show that over half of Americans do not have a will. If you have one, review and update it with your attorney and family members.

Get to know at least one non-farming neighbor that I didn’t already know.

Convene an advisory group of key business partners- lender, tax advisor, attorney, Extension educator, grain or livestock marketer, feed representative, crop consultant, veterinarian and others- to discuss our current farm business status, marketing plans and future business strategies.

Maintain the farm business records on a regular basis so that decisions can be made using the best available information.

Read the Ohio Ag Manager (http://ohioagmanager.osu.edu), Ohio Beef Newsletter (http://beef.osu.edu), CORN newsletter (http://corn.osu.edu) and Buckeye Dairy News (http://dairy.osu.edu) on a regular basis to stay up to date on the latest Extension research and programming.

Best wishes for a prosperous 2012!

Targeting a Fair Rent or Crop Share Lease Agreement

By Wm. Bruce Clevenger, OSU Extension Defiance County

When farmers and landowners evaluate cropland rental arrangements, questions arise like “Should we continue farming on shares?” “Which is more fair, crop share or cash rent?” “Do we have the right share percentages?” “How do we set a fair cash rent?” “What happens to my risk?”

These are common questions across Ohio and the Midwest. As the dynamics of cropland production changes with market and production forces as well as landownership transitioning to the next generation or owner, cropland leasing and rental arrangements too will evolve.

To help with the analysis, The Center for Farm Financial Management (CFFM) at the University of Minnesota offers a software called FairRent. Some OSU Extension County offices have the software to assist farmers and landowners evaluate current or future cropland leasing and rental arrangements.

FairRent evaluates both cash rental and share rental arrangements based on expected yields, prices, government program payments, and expenses. The results calculate a break even cash rental rate and help develop a realistic bidding range for cash rental negotiations. The share rent results show whether sharing production and expenses will result in a fair economic return for the operator.

FairRent also has sensitivity tables that show how break even bids change with varying yields and prices. All sensitivity levels interact with government payments to show the price protection provided by LDP and CCP payments. FairRent can also be used to calculate the yields and prices required to break even at a specific cash rental rate.

There are financial and risk factors to consider when selecting a farmland lease agreement. Several pros and cons exist with cash rent and crop share arrangements. Sound financial plans add to the confidence that comes with good cash rent and share crop leasing arrangements. You may contact Bruce Clevenger, OSU Extension Defiance County, clevenger.10@osu.edu, 800-745-4771 to get one-on-one assistance with FairRent for your farmland arrangements.

Biotechnology and Variation in Average U.S. Yields

By: Carl Zulauf, Professor, and Evan Hertzog, Metro High School Junior
Department of Agricultural, Environmental and Development Economics

Introduction: In a previous article, we compared the trend in U.S. average yield per harvested acre for the 1940-1995 and 1996-2011 periods. The year 1996 was the first year that biotech varieties of crops were commercially adopted in the U.S. The analysis included 14 crops, 3 biotech crops (corn, cotton, and soybeans) and 11 crops for which adoption of biotech varieties is limited. This article specifically examines the deviation of average U.S. yield from its trend-line yield. The objective is to provide information concerning the commonly-expressed argument that biotechnology has reduced yield variability.

Analytical Procedures: The data for this analysis are from the U.S. Department of Agriculture, National Agricultural Statistics Service, accessed at http://www.nass.usda.gov/Data_and_Statistics/) during November 2011. The observation period is from 1940 through 2011, with 1940 being the approximate year that average yield began to increase for most U.S. crops.

We will use corn yields since 1995 to illustrate the calculation of yield variation used in this analysis. The yearly corn yield, along with the linear trend line, is presented in Figure 1. We calculated the percent deviation of the actual yield from the estimated trend-line yield for each year. For example, U.S. average corn yield was 160 bushels per harvested acre in 2004. The linear trend yield estimate for 2004 was 144. The percent deviation of yield from its trend yield estimate is +11% ((160/144) -1). In other words, average U.S. yield in 2004 was 11% greater than the trend yield for 2004.

This measure of variation takes into account that yield has trended up over time. A one bushel variation in yield has a different meaning when yield is 150 bushels than when it is 50 bushels. The last step in the procedures was to calculate the standard deviation of the percent variations from trend-line yield during the observation period. Standard deviation is a commonly-used measure of variation.

Discussion: For all 14 crops, the variation from trend-line yield is lower during the recent 1996-2011 period than during the earlier 1940-1955 period (see Table 1 below). The average decline in yield variation was -45%, with a range from -14% (sugar beets) to -67% (peanuts). Moreover, for 10 of the 14 crops, yield variation was smaller in the more recent period with 95% statistical confidence (see last column of Table 1). The four exceptions were barley, soybeans, sugar beets, and wheat. Last, the average decline for the 3 biotech crops was -43%, compared with -45% for the 11 non-biotech crops.

Implications: A decline in yield variability is a universal characteristic of the U.S. crops included in this study. It is not just a characteristic of the biotech crops. Moreover, little difference appears to exist in the size of the decline in yield variability across biotech and non-biotech crops.

While this study cannot preclude biotechnology as an explanation for the decline in yield variability observed for corn, cotton, and soybeans; it suggests more universal factors are likely occurring. One such factor could be that both biotech and traditional breeding methods have been equally successful at creating varieties that reduce yield variation. A second such factor could be that weather was more favorable across the various U.S. production regions during 1996-2011 than 1940-1995.

To the extent that the decline in crop yield variability is permanent and not transitory, it generates benefits for consumers of crops. A more reliable supply reduces the size of stocks that need to be carried to assure an adequate supply of food before the next harvest, thus reducing the cost of food. A more reliable supply also enhances the ability to expand non-food uses of crops. Non-food uses, such as energy production, require large capital investments. Large capital investments are more economically viable when utilized at close to full capacity. A stable input supply increases the odds that a plant can operate closer to full capacity.

Click here for PDF version of the article (with graphs)

Biotechnology and U.S. Crop Yield Trends

by: Carl Zulauf, Professor, and Evan Hertzog, Metro High School Junior
Department of Agricultural, Environmental and Development Economics

Introduction: Biotechnology varieties first became available for commercial use in the U.S. in 1996. By 2011, they accounted for 88%, 90%, and 94% of the acres planted to corn, upland cotton, and soybeans, respectively (U.S. Department of Agriculture (USDA), National Agricultural Statistics Service (NASS), Acreage, http://www.nass.usda.gov/Publications/index.asp, 6/30/11). For other crops, adoption of biotech varieties has been limited or nonexistent. Given that 15 years have passed, this article compares the trend in U.S. average yield since 1995 with the trend that existed from 1940 through 1995, a period that predates commercial biotech varieties. The year 1940 approximates when the average yield of most U.S. crops began increasing, due in part to traditional breeding methods.

Analytical Methods: Yields per harvested acre were obtained for corn, all cotton, soybeans, and 11 crops for which adoption of biotechnology varieties is limited or non-existent. Source of the data is USDA, NASS, http://www.nass.usda.gov/Data_and_Statistics/, 11/2011. Linear yield trends were estimated for 1940-1995 and 1996-2011 using regression analysis. The estimated yield trends are tested statistically to determine if they exceed zero at the 95% confidence level. Also, the 1996-2011 yield trend is compared against the upper value of the 95% confidence range around the pre-1996 trend. This test provides an indication of whether the trend is statistically higher since 1995.

Findings: The yield trend is estimated in the crop’s quantity unit per harvested acre. For example, the estimated yield trends for corn are 1.86 bushels per harvested acre for the earlier 1940-1995 period and 2.02 bushels per harvested acre for the later 1996-2011 period (see Table 1 below).

For 13 of the 14 crops, the yield trend estimated for 1940-1995 exceeds zero with 95% statistical confidence. The exception is sugar cane. The time-trend R2 exceeds 0.78 for each of the 13 crops, implying that the time trend explains at least 78% of the variation in yield over time. This is a high degree of explanation for a single variable. For 1996-2011, 9 of the 14 yield trends exceed zero with 95% statistical confidence. A lower number is expected because the number of observation years is smaller. For the same reason, it is not surprising that R2 also is lower.

For only 7 of the crops analyzed in this study is the estimated yield trend higher during 1996-2011 than 1940-1995. The 7 crops are barley, corn, cotton, peanuts, rice, soybeans and sugar beets. For each of these 7 crops, the 1996-2011 yield trend exceeds the high end of the 95% confidence range for the 1940-1995 yield trend (see Table 2 below). This finding suggests that, for these 7 crops, the 1996-2011 yield trend exceeds the 1940-1995 yield trend with 95% statistical confidence.

Implications: This analysis finds that, while the yield trend increased for all 3 biotech crops after 1996, the yield trend increased for less than half of the crops (4 of 11) for which biotech varieties are of limited importance. This finding does not prove that biotechnology is the reason for the higher yield trend for corn, cotton, and soybeans. It only reveals that the evidence on linear yield trends is not inconsistent with such a conclusion.
Over 10 years, the higher yield trend translates into a harvest yield that is 1.6 bushels, 0.6 bushels, and 69.1 pounds higher for corn, soybeans, and cotton, respectively. This addition to yield is 1.0%, 1.4%, and 7.9% of the highest harvest yield observed for corn, soybeans, and cotton, respectively. Thus, for corn and soybeans, the increase in yield trend since 1995 is not large.

These implications are subject to change with more years of data. Also, the analysis does not address what the yield trend would have been for corn, cotton, and soybeans if biotech varieties had not been introduced.
Click here for PDF version of article (complete with graphs)