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Newsletter | Past Issues
June,
2009
In This Issue:
The
Economics of Animal Welfare Regulations Proposed for
Ohio
Laws
for All-Purpose Vehicles to Change July 1, 2009
Reducing
Employee Turnover through Creative Employee Packages
Renewable
Energy Projects Effect on Current Agricultural Use Valuation
(CAUV)
Determining
a Fair Rental Rate for Farm Buildings
What
To Do With The Farm?
Moving
from a Handshake to a Written Contract
Dairy
Critical Issue Briefs (DIBS) Address Issues Facing Dairy
Producers
Do
you have a question that you would like to ask the Ohio
AG Manager Team? If so, click here to email your
question
The
Economics of Animal Welfare Regulations Proposed for
Ohio
Luther
Tweeten, Emeritus Chaired Professor, Department of Agricultural,
Environmental, and Development Economics, Ohio State
University
The
Humane Society of the United States (HSUS) seeks to
phase out battery cages for Ohio's laying hens, gestation
crates for its pregnant pigs, and crates for veal calves
in favor of group housing (FarmPolicy [farmpolicy@gmail.com],
May 5, 2009). As the nation's second largest producer
of eggs (27 million laying hens) and a major producer
of swine and dairy cattle, Ohio agriculture has a major
stake in the outcome of this HSUS effort.
HSUS
is likely to put its proposal before Ohio voters next
year if poultry and livestock producers don't cooperate
with HSUS to write legislation changing the way producers
operate. This is no idle threat. Last year California
voters approved a similar measure (Proposition 2 or
Prop 2) mandating as of January 1, 2015 that it shall
be a misdemeanor for any person to confine a pregnant
pig, calf raised for veal, or egg-laying hen in a manner
not allowing the animal to turn around freely, stand
up, lie down, and fully extend its limbs. At least four
other states have passed laws similar to California's
Proposition 2.
Is
such legislation a good idea? The following discussion
is especially focused on laying hens, the enterprise
likely to be most affected in Ohio. The following analysis
addresses animal welfare dimensions of Prop 2-type regulations
before addressing the economic dimensions.
Animal
Welfare
First,
it is important to recognize that nearly everyone including
persons associated with large confinement feeding operations
supports humane treatment of animals. At issue is what
constitutes humane treatment. On the one hand, large
confinement cage or crate operations would seem to reduce
animal welfare by inhibiting the freedom of animals
for nesting, sex, and exercise (Shields and Duncan 2009,
pp. 2-5). Proponents contend that Prop 2-type legislation
will enhance animal welfare, provide healthier food
because animals will contract fewer air-borne diseases,
and will reduce soil, water, and air pollution.
On
the other hand, confinement is associated with protection
of animals from extreme temperatures, predators, and
soil-borne diseases and parasites. Animals in confinement
can be monitored closely for health. Confinement systems
deliver fresh, clean eggs to consumers. Confinement
operations use less land, labor, and other resources
per animal unit. Opponents of Prop 2-type legislation
contend that with sound management, large confinement
operations have demonstrated they can produce without
harm to the environment or animal welfare.
The
public looks to objective scientific findings to narrow
differences of opinion between supporters and opponents
of Prop 2-type measures. That strategy has met with
only partial success as apparent from studies measuring
how specific engineering-type provisions (such as space
provided per animal) affect animal welfare. In Austria
for example, Zaludik et al. (2007) evaluated the usefulness
of the government's Animal Needs Index (ANI) auditing
how hen welfare is affected by floor space, feeder space,
and the like for organic laying hen production. No relationship
was found between a good score on the ANI and hen welfare
as assessed by mortality, injury, measures of abnormal
behavior, and footpad and breast lesions. This and other
empirical studies give conflicting results regarding
the contribution of a “favorable” environment to animal
welfare (Shields and Duncan 2009, pp. 12, 13). After
an excellent review of existing scientific studies,
Mench et al. (2009, p. 44) conclude that "…we still
have little understanding of how all of the complex
inputs on commercial farms (whether those are husbandry
inputs or genetic inputs) interact to cause or minimize
animal welfare problems."
Economic
Implications
The
economic implications of Prop 2-type regulations imposed
on Ohio's agriculture are more clear than the foregoing
animal welfare implications. Market forces help protect
animals to the extent that abused and diseased animals
reduce profits, forcing animal producers to use more
humane practices. In part out of concern for animal
product demand and profit, the livestock (including
poultry) industry has voluntarily changed production
practices. Experts on animal welfare and ethics, though
noting the absence of federal regulation of animal production,
cite the recent voluntary development and enforcement
of animal care standards by producer groups and retailers.
Animal welfare scientists (Mench et al., 2009, p.2)
conclude that “These standards have resulted in some
striking improvements in animal welfare…” along the
entire supply chain of animals and their products.
Socially
acceptable production practices for animal welfare ultimately
rest on the public's values and attitudes and not just
on science. Such values range from indifferent observers
to animal rightists who object to animal confinement
and would end use of animals as sources of food, clothing
(leather), fiber, draft-power, or companionship (pets).
Even among those who make animal products a part of
their diet, the range of preferred animal production
practices stretches from conventional to organic, to
free range. Markets can serve discriminating consumers
over this broad range of preferences. The key is to
label animal products by production practices. Preferred
animal welfare practices may be more costly to producers,
but consumers can “vote” their preferences with dollars
in the market.
Labeling,
a means for producers to receive premium prices for
humane and more costly animal welfare practices, seems
an ideal solution because it allows each consumer to
uniquely express demand for traditional or enhanced
animal welfare practices in the market. Mench et al.
(2009, p.3) note that such labeling has attracted few
customers. That is, animal welfare enhanced products
remain a small, niche market, suggesting either that
consumers are not well informed or they place little
value on these enhanced production practices.
Disappointed
with outcomes, the Humane Society of the United States
seeks public intervention in Ohio with government regulation
to reach its animal welfare objectives well beyond what
market labeling and voluntary industry reforms have
achieved.
Animal
welfare and environmental regulations are unlikely to
eliminate the current cost advantage of large farms
over small farms. Numerous studies indicate that the
cost of producing a unit of animal products is lower
on large farms than on small farms (see Tweeten 2003,
p. 85). Most such studies can be faulted for including
only costs to farms. That is, the economic studies ignore
full incremental cost of production which includes environmental
or animal welfare costs accruing to society but not
to farms (externalities in economist's jargon). However,
experts such as Martin and Zering (1997, p.20) and Boehlje
et al. (1996) conclude that unit production costs would
be lower on large farms than on small farms even if
all externalities were internalized. Other things equal,
risk increases with scale of operations. But economies
of size provide the wherewithal for larger farms to
afford the able management required to cope with risk.
Prop
2 for California is similar to HSUS' proposal for Ohio.
In addition, livestock production conditions in Ohio
are sufficiently similar to those in California so that
economic analysis for California provided a strong basis
to begin assessing the situation in Ohio. Scientists
at the University of California-Davis (Sumner et al.
2008, p. 36) concluded that under Prop 2 “variable costs
of production [for eggs in California ] would rise by
at least 20 percent and perhaps substantially more.
Underlying these higher costs per dozen eggs are higher
feed use per bird, higher cost per pullet, lower average
productive life of a hen, higher mortality rates, fewer
eggs of premium size or acceptable marketability, fewer
birds per facility, and higher labor costs.” Other studies
have estimated that total cost per dozen eggs are 26
percent higher for barn production and 45 percent higher
with free range production compared to conventional
cage egg production (Agra CEAS 2004, p.45).
Ohio
is surrounded by states with competitive laying hen
enterprises. Indiana's 24 million average number of
laying hens and Pennsylvania's 21 million hens were
not far behind Ohio's average inventory of 27 million
hens in 2007. Eggs produced under conventional cage
systems in surrounding states would have a 20 percent
or more cost advantage over Ohio 's farms producing
under Prop 2-type regulations. Ohio laying hen producers
would not be competitive. To protect its producers,
California has proposed trade barriers to egg imports
from other states. Such barriers seem unachievable because
they conflict with the interstate commerce clause of
the U.S. constitution and likely would be ruled unconstitutional.
In
short, according to Sumner et al. (2008, iv):
Our
analysis [of Proposion 2 regulations applied to California
agriculture] indicates that the expected impact would
be the almost complete elimination of egg production
in California within the six-year adjustment period.
Non-cage production costs are simply too far above
the costs of the cage systems used in other states
to allow California producers to compete with imported
eggs in the conventional egg market. The most likely
outcome, therefore, is the elimination of almost all
of the California egg industry over a few years.
The
authors noted the exception of a very small residual
of local specialty producers that would supply part
of the California market for eggs produced in non-cage
systems.
Sumner
et al. (2008, pp. 46-47) go on to add that
The
elimination of most of the California egg industry
would have broader economic implications. The loss
of about 3,000 jobs in the industry would be multiplied
by a factor of about 0.9 to imply a statewide loss
of jobs of about 5,750 jobs. The loss in overall economic
activity in the state is also larger than the gross
[egg] sales of about $370 million in 2007 because
of the ripple effects that affect upstream and downstream
industries.
Conclusions
Who
would be the economic gainers and losers from imposition
of Prop 2-type regulations on Ohio's agriculture? Ohio
would lose: laborers, livestock and crop producers,
and the economy as a whole. Ohio's laying hen enterprise,
second only in the nation to that of Iowa and 38 percent
greater than that of California in 2007, would be decimated.
Applying the latter percentage to the available estimate
of job loss in California, Ohio's loss from Prop 2-type
legislation would total 7,928 jobs and associated income.
Diminished
animal agriculture means diminished crop agriculture
in Ohio -- less demand for livestock means less demand
for corn and soybeans. The state's livestock agriculture
directly consumed 22 percent of the state's corn crop
and a sizable percentage of the soybean crop in 2008.
Including distillers' grain byproducts (from corn feedstocks
for ethanol production) and corn silage, some 30 percent
of the state's corn crop is fed to livestock.
Ohio's
consumers would lose as workers and income-earners,
but Ohioans would face little if any higher food prices
with imposition of Prop 2-type regulations as surrounding
states supply low-cost animal products. Thus other states
would gain jobs and income at Ohio's expense as animal
products consumed in Ohio would be produced elsewhere.
Those products would be produced using current practices,
so overall animal welfare would be unaffected.
To
avoid interstate trade that abrogates the intended animal
welfare gains from Prop 2-type regulations, the HSUS
can be expected to pursue national legislation to impose
regulations on all U.S. livestock producers. Even if
such measures were enacted they would be severely undermined
over time by livestock product imports from Canada,
Mexico, and other countries -- often under animal welfare
conditions below Ohio's standards.
References
Agra
CEAS Consulting Ltd. ( December 2004) “Study on the
Socio-economic Implications of the Various Systems to
Keep Laying Hens.” Final Report for the European Commission.
Submitted by Agra CEAS Consulting Ltd.
Boehlje,
M. (1996) “Industrialization of Agriculture: What are
the Choices?” Choices. First quarter, pp.30-33.
Martin,
L. and K. Zering (1997). “Relationships between Industrialized
Agriculture and Environmental Consequences: The Case
of Vertical Coordination in Broilers and Hogs.” Staff
Paper 97-6. East Lansing : Department of Agricultural
Economics, Michigan State University .
Mench,
Joy A., Harvey James,, Edmond A. Pajor, and Paul B.
Thompson (2009). “The Welfare of Animals in Concentrated
Animal Feeding Operations.” Davis, CA : Department of
Animal Science.
Shields,
Sara and Ian Duncan. “An HSUS Report: A Comparison of
the Welfare of Hens in Battery Cages and Alternative
Systems.” Washington, DC : Humane Society of the United
States , 2009.
Sumner,
Daniel A., J. Thomas Rosen-Molina, William A. Matthews,
Joy A. Mench and Kurt R. Richter (July 2008) “ Economic
Effects of Proposed Restrictions on Egg-laying Hen Housing
in California.” Davis, CA : University of California
Agricultural Issues Center .
Tweeten,
Luther (2003). Terrorism, Radicalism, and Populism in
Agriculture. Ames: Iowa State Press.
Zaludik,
K., A. Lugmair, R. Baumung, J. Troxler. and K. Niebuhr
(2007). “Results of the Animal Needs Index (ANI-35L)
Compared to Animal-based Parameters in Free-range and
Organic Laying Hen Flocks in Austria.” Animal Welfare,
16: 217-219.
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Laws
for All-Purpose Vehicles to Change July 1, 2009
Peggy
Hall, Director, Agricultural & Resource Law Program,
Ohio State University Extension
Ohio
law will soon contain new provisions on criminal trespass,
registration and operation of all-purpose vehicles (APVs).
The General Assembly included the changes in H.B. 2
this spring, which becomes effective on July 1, 2009.
Rural landowners will have interest in the new criminal
trespass sections, which increase fines when a trespass
occurs with an APV. The law's license plate program
will require APVs to display a license plate and validation
sticker like other vehicles. APV operators will pay
higher registration fees, but on-farm APVs used as a
farm implement will be exempt from registration.
According
to Ohio law, an “all-purpose vehicle” is “any self-propelled
vehicle designed primarily for cross-country travel
on land and water, or on more than one type of terrain,
and steered by wheels or caterpillar treads, or any
combination thereof, including vehicles that operate
on a cushion of air, vehicles commonly known as all-terrain
vehicles, all-season vehicles, mini-bikes, and trail
bikes.” The definition of “all-purpose vehicle” does
not include golf carts or utility vehicles that are
designed to transport materials or cargo.
Below
is a summary of the new law that will go into effect
on July 1.
Criminal
trespass with APVs. The law contains stiffer penalties
for criminal trespass that involves an APV. Criminal
trespass is the entering or remaining on another's land
without permission or privilege, and is a fourth degree
misdemeanor punishable by a fine of up to $250 and jail
time of up to 30 days. Under the new law, when a person
commits criminal trespass using an APV, a court must
double the fine. Where a person is convicted three times
of criminal trespass using an APV, the court may also
impound the registration and license plate of the vehicle
for at least 60 days.
Registration
exceptions. Ohio law currently requires registration
of APVs, snowmobiles and off-highway motorcycles, with
a few exceptions. The new law changes the exceptions
that apply to APVs in two ways. First, the new law removes
the registration exception for APVs operated exclusively
upon lands owned by the owner or on lands to which the
owner has a contractual right. This exception from registration
will apply only to snowmobiles and off-highway motorcycles.
Second, the law creates a new registration exception
for APVs: an owner does not have to register an APV
that is used primarily on a farm as a farm implement.
The law also increases the penalties for operating an
unregistered APV, snowmobile or off-highway motorcycle
to no less than $50 and no more than $100.
License
plate requirements. The new law requires operators
of APVs to display a license plate and validation sticker
rather than a registration number after July 1, 2010.
An owner must display the license plate so that it is
"distinctly visible" and in accordance with
rules to be adopted by the Board of Motor Vehicles (BMV).
After an owner obtains a license plate, the BMV will
issue a new validation sticker to display on the license
plate for each three-year registration period. The new
license plate provision does not affect snowmobiles
or off-highway motorcycles.
Registration
fees. The new law increases the registration fees
for APVs, snowmobiles and off-highway motorcycles from
$5 to $31.25 for the three-year registration period.
The registrar may retain up to $5 of the fee and must
deposit the remainder into the state treasury for the
state recreational vehicle fund, which also receives
amounts from fines issued under the law. Purposes of
the fund include enforcing and administering laws regarding
registration and operation of snowmobiles, off-highway
motorcycles, and APVs, purchasing additional land to
provide trails and other areas for such vehicles on
state-controlled land and waters, and providing safety
programs.
Out
of state driver's licenses. The old law requires
the operator of an APV, snowmobile or off-highway motorcycle
to hold a valid driver's license from the State of Ohio.
The new law allows a person holding a driver's license
from another state to operate the vehicles.
Impoundment.
The new law allows a court to impound the registration
and license plate of an APV for no less than 60 days
whenever a person is found guilty of operating the vehicle
in violation of Ohio law.
See
these Ohio Revised Code sections at http://codes.ohio.gov/orc/
for changes to APV law: O.R.C. 2911.21, 4519.02, 4519.03,
4519.04, 4519.08, 4519.09, 4519.10, 4519.44, and 4519.47.
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Reducing
Employee Turnover through Creative Employee Packages
David
L. Marrison, Extension Educator (marrison.2@osu.edu)
and Chris Zoller, Extension Educator (zoller.1@osu.edu),
Ohio State University Extension
A variety of research studies have reported the number
one issue facing businesses is finding and keeping good
employees. Many employers are surprised to learn that
good wages and job security are not necessarily the
ultimate motivators of employees. A study conducted
by George Mason University showed the top three motivators
for employees were interesting work, appreciation, and
feeling in on things. Surprisingly, good wages only
ranked 5th.
It is not unusual for a farming operation to experience
a 25% turnover rate of employees. Some turnover is actually
good. No one is perfect in hiring employees. Mistakes
happen and there are just some employees that you will
never be able to motivate to complete job responsibilities
efficiently and according to your farm’s operating
procedures.
While some employees are busts, it is important for
farms to develop strategies to reduce employee turnover.
Turning over employees has several costs. These costs
include: separation costs for the former employee, recruiting
costs for new employees, interviewing time, administrative
work associated with a new hire, training and supervisory
time, and overtime pay for employees who have to fill
in for the departed employee. There is also a cost for
lost production associated with getting a new employee
up to speed with their new job. Sarah Smith, an organization
leadership supervisor specialist at Purdue University
estimates a loss of $2,000 to the business for each
time you have to replace a farm employee.
So, what are some strategies to reduce employee turnover?
• Take time to hire better qualified employees
(you get what you pay for).
• Make sure to check references on prospective
employees.
• Establish a training protocol for new employees.
• Develop an employee manual.
• Have job expectations clearly defined for employees.
• Develop goals with each employee.
• Use a probationary period for all new employees.
• Place employees in jobs they like.
• Have flexible employee compensation programs.
• Give employees an opportunity for time off that
fits their personal obligations.
• Hold regular staff meetings to discuss farm
issues, goals, and operational strategies.
• Several farmers could share one or more employees
or seasonal labor.
• Conduct periodic worker satisfaction surveys.
• Have clearly defined grievance policies.
• Conduct exit interviews to determine why employees
are leaving.
• Invite your Extension Educator or other key
farm advisor to complete SWOT (strength, weaknesses,
opportunities, & threats) analysis of your farm
employee management system.
The present economy is presenting a significant hardship
on cash flow. In times when money is tight it is often
difficult to reward employees for their performance
in the form of cash. So, what things can farm employers
do that don’t cost a lot of money, but still let
employees know their work is appreciated and valued?
In no particular order, here are a few suggestions you
can use to show employees that their work is appreciated
and valued:
1. Thank your employees for the work they do and their
dedication to the farm. It’s really a no-brainer,
but it’s one thing many employers don’t
do often enough. Best of all, it doesn’t cost
a penny!
2. Most employees love food! Inviting employees in for
lunch each day (or occasionally) can go a long way to
improving employee morale. A great home cooked meal
is always more enjoyable than a peanut butter and jelly
sandwich.
3. Allow employees to use farm equipment for a few evenings
or weekends for their personal use. Maybe they need
to plow a garden, use a welder, or borrow a farm truck
to haul debris.
4. Because of labor demands it is often difficult to
do, but consider allowing employees to have time off
and be more flexible in scheduling.
5. Provide the opportunity for employees to use fuel
or farm commodities.
6. If there is an employee(s) with a particular skill
that could benefit the farm, and they desire additional
training, pay their registration fees. Encourage them
to receive additional training.
7. Provide theme or amusement park tickets to employees
to spend time with their families for a few days.
8. Consider providing employees with shirts and or hats
with the farm name.
9. Ask your staff about ways you can improve the working
environment for them. Eliminating employee dis-satisfiers
such as unsafe equipment, unreasonable rules and policies,
and conflict with co-workers can help employees enjoy
their work more.
10. Many employees would appreciate health insurance
coverage, but the cost is often high. An alternative
might be a Health Savings Account (HSA). Money can be
deposited into the account to provide coverage for employees
and may be more affordable to the employer.
Having the right employees, developing a good employee
management program and developing creative ways to express
appreciation to your employees can reduce your employee
turnover. Your local Extension Educator can help assist
you as you develop an employee management plan. Call
you local Extension office today. Specific questions
can be asked to the Ohio Ag Manager team by emailing:
ohioagmanagerinfo@ag.ohio-state.edu
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Renewable
Energy Projects Effect on Current Agricultural Use Valuation
(CAUV)
Chris
Bruynis, Extension
Educator, and Eric Romich, Extension Educator, Ohio
State University Extension
Current Agricultural Use Value (CAUV) is a differential
real estate tax assessment program which allows owners
of farmland the opportunity to have their parcels taxed
according to the land value in agriculture, rather than
full market value. To qualify for CAUV assessment, a
landowner must devote the parcel exclusively to agricultural
use. The parcel must be 10 acres or more and have been
in agricultural use for the last three years. A smaller
tract may be included in this program if the tract produced
an average income of $2,500 or more from sales of agricultural
products during the previous years or if there is an
expected gross income of that amount. If a parcel of
land does not meet one of these criteria, it loses its
eligibility for CAUV tax treatment.
If land is converted from agricultural production to
a use inconsistent with the CAUV criteria, the Ohio
Constitution permits the recoupment by levying a charge
on the affected land in an amount equal to the tax savings
during the three tax years immediately prior the year
in which the conversion occurs.
As advanced energy projects have become a vital component
of economic development strategies in rural communities,
projects such as wind energy turbines and solar energy
fields are actively seeking rural locations in Ohio.
The implementation of these projects should cause farmland
to lose the CAUV tax status. However, the effect is
not the same. Although some of the taxation rules concerning
renewable energy are still being drafted, the logic
that is being applied will be discussed in this article.
In the case of wind turbines, the land that will be
occupied during the construction phase will lose CAUV
valuation for that year only. Since it will be quickly
returning to agriculture production, there is no recoupment
assessed on that portion of the property. The land that
actually supports the wind turbines will lose the CAUV
permanently, and the three year tax recoupment will
be assessed along with the land being taxed as commercial
property going forward.
Solar fields will have a different tax treatment. Even
though this land can be returned to agriculture production,
the transition back to farmland will not be for 35-50
years. The conversion from farmland to commercial property
is considered semi-permanent and not only triggers the
loss of CAUV; it also triggers the recoupment of taxes
for the previous three years. The land will then be
taxed as commercial property until it returns to agricultural
property.
When structuring land acquisition deals, renewable energy
projects can be proposed in the form of a long term
lease agreement or an outright purchase agreement. Regardless
of the land acquisition type, it is advantageous to
specify in the agreement terms which party is responsible
for any agricultural tax recoupment payments that may
be triggered by the change in land use.
Although participating in these opportunities can provide
substantial personal returns and community benefits,
landowners need to do due diligence in calculating the
cost-benefit analysis for their land. Landowners are
encouraged to discuss these issues with their county
auditors to determine the exact tax liabilities that
would result from the construction of renewable energy
projects.
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Determining
a Fair Rental Rate for Farm Buildings
Chris
Zoller, Extension Educator, Tuscarawas County and Barry
Ward, Leader, Production Business Management, Ohio State
University Extension
From time to time questions arise about renting farm
buildings. “What should I charge for my building”
is the question many Extension Educators receive. There
are a variety of ways to determine a rental rate that
is fair to both parties. The building owner needs to
evaluate his costs associated with renting the facility,
leaving it sit empty, or tearing it down. The lessee
must decide how much he can afford to pay for the facility
without negatively impacting profitability.
Once a rental rate is agreed upon, having a written
agreement that describes the details of the lease and
the responsibilities of the parties involved is critical.
The agreement should list complete information about
the parties involved, location of the property, amount
and payment terms, responsibilities, and other items
deemed necessary.
There are a number of excellent Extension resources
available to help determine fair rental rates and develop
a lease agreement. For more information, visit the following
web sites:
www.extension.umn.edu/info-u/farming/BC947.html
www.ces.purdue.edu/extmedia/EC/EC-451-W.html
www.agmanager.info/farmmgt/land/lease/papers/Building%20Leases.pdf
www.ohioline.osu.edu/fr-fact/pdf/0007.pdf
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What
To Do With The Farm?
Jerry
Mahan,Extension Educator, Greene County, Ohio State
University Extension
How many times have you heard this question from landowners
who are struggling to make a decision of what to do
with their farm? Perhaps no one in the family is interested
in farming or cannot farm the land for other reasons.
Maybe the farm has been in the family for several years
and there is interest in keeping it as a farm. Maybe
the health of the owners has deteriorated to a point
where the owners need cash from the land to pay medical
bills. What are some of the tax consequences of selling
the land? Can we put an agricultural easement on the
farm? These and other scenarios are covered in the OSU
Ext. Ag. Economics fact sheet titled "What Should
I Do With The Farm? It can be found at: http://ohioline.osu.edu/ae-fact/pdf/AEDE_13_09.pdf
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Moving
from a Handshake to a Written Contract
Peggy
Hall, Director, Ohio State University Agricultural &
Resource Law Program
Many farm rental situations began years ago with a verbal
agreement and a handshake. What happens when one or
both of the parties want to put the verbal agreement
in writing? A few guidelines may help ease the transition
from a handshake to a written contract.
• Begin with the verbal agreement. The parties
likely established key terms in the verbal agreement,
such as the rental length, amount of acreage and rental
fee. Itemize all of the terms addressed by the party
in the verbal agreement.
• Revise and determine additional terms. A verbal
agreement rarely includes all of the terms that a farmland
rental contract should address. Entering into a written
contract offers the opportunity to revise the original
terms and agree upon additional terms, which can minimize
uncertainty and disputes in the future. For a listing
of terms to include in a farmland lease, see OSU’s
Fact Sheet “Farm Rental Agreement Checklist”
at http://ohioline.osu.edu/fr-fact/0003.html
• Tailor the contract to the situation. Forms
and checklists can be useful resources, but a contract
will be more viable if it carefully fits the actual
parties. Rely upon professionals such as accountants,
attorneys and farm managers to help analyze needs and
determine the impacts of the rental situation.
• Be prepared for problems. Parties to farm leases
often hesitate to address resolving disputes. A provision
for handling disagreements is imperative to operational
continuity, however, and can minimize the costs and
challenges of litigation. Assume that there will be
problems, and determine an agreeable method for resolving
disputes before entering into the contract.
• Ensure enforceability. A written contract in
Ohio must meet certain requirements for legal enforceability.
Ensure that all owners or representatives sign the contract.
Notarize the document and record the lease (or a short
form of the lease) with the county recorder where the
land is located.
• Use an attorney. Involving an attorney with
knowledge in farmland leases will ensure that the contract
is comprehensive, tailored and enforceable. Equally
important, an attorney can serve as an intermediary
when one or both parties are uncomfortable with the
transition, as is often the case when a handshake agreement
becomes a written contract.
For additional resources on farmland leases, visit the
farm lease page on OSU’s Agricultural & Resource
Law Program at http://aede.ag.ohio-state.edu/programs/aglaw/farm_leases.htm
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Dairy
Critical Issue Briefs (DIBS) Address Issues Facing Dairy
Producers
Dianne
Shoemaker, Extension Dairy Specialist (shoemaker.3@osu.edu),
Ohio State University Extension
Dairy Issue Briefs (DIBS) target critical management
issues facing Ohio’s economically bruised dairy
farms. Cost-cutting decisions must be made with full
awareness of both short and long-term production and
economic consequences. OSU Extension’s Dairy Working
Group, a collaboration of OSU Extension and OARDC faculty
is identifying and addressing critical issues in five
areas:
• Nutrition and feed costs
• Reproduction and health
• Calf and heifer management
• Business issues
• People and stress management
The Issue Briefs can be found at the http://dairy.osu.edu
web site. Twenty one DIBS are now posted and include:
21-09 Communication: Listening during times of stress
20-09 Communication: Sending a message during times
of stress
19-09 Communication during times of stress
18-09 How to keep employees when cash is short: The
high cost of employee turnover
17-09 Non-cash compensation alternatives for dairy employees
16-09 Do “pop-up” fertilizers make sense
in corn silage production?
15-09 Are there opportunities to decrease my current
debt payments?
14-09 Ingredient replacement opportunities
13-09 Can I feed my calves “half rations”
to save money?
12-09 How do I answer big financial questions?
11-09 How should I take on additional debt?
10-09 Should I wean calves earlier?
8-09 Should I use silage additives this year?
7-09 What happened to our dairy exports?
6-09 Observing signs of stress and depression
5-09 Should I remove feed additives from my diet to
reduce short term costs?
4-09 How can I lower feed costs in a management intensive
grazing system?
3-09 Will changing from a confinement system to a grazing
system reduce my short term costs?
2-09 Is it time for Daisy to go on a truck ride?
1-09 Can I use more corn silage in my diets to reduce
cash feed costs?
The emphasis is on “brief”, with a short
explanation of the issue, the conclusion and contact
information for the author(s) if you have further questions.
As additional DIBS are completed, they are posted to
the OSU Resources for Ohio’s Dairy Industry Website.
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The
Ohio Ag Manager newsletter is published in collaboration
by OSU Extension Educators and Faculty members of Ohio
State University's Department of Agricultural, Environmental
and Development Economics.
Ohio
Ag Manager Team Leaders: Chris Bruynis & David Marrison
Web
Page Managers: David Marrison & Andy Kleinschmidt
Information
presented above and where trade names are used, they
are supplied with the understanding that no discrimination
is intended and no endorsement by Ohio State University
Extension is implied.
Ohio
State University Extension embraces human diversity
and is committed to ensuring that all research and related
educational programs are available to clientele on a
nondiscriminatory basis without regard to race, color,
religion, sex, age, national origin, sexual orientation,
gender identity or expression, disability, or veteran
status. This statement is in accordance with United
States Civil Rights Laws and the USDA.
Keith
L. Smith, Ph.D., Associate Vice President for Agricultural
Administration and Director, Ohio State University Extension
TDD No. 800-589-8292 ( Ohio only) or 614-292-1868
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