Posts By Date

The Ohio Farm Transition Network (OFTN) is hosting a series of regional, one-day professional training events designed to build a more unified and effective approach to farm transition planning across Ohio. The training series will bring together agricultural service providers from a wide range of disciplines to strengthen expertise, foster collaboration, and improve the quality of transition support available to Ohio farm families.

Attorneys, accountants, lenders, financial advisors, insurance professionals, Extension educators, and other agricultural professionals are encouraged to attend. The sessions are designed to promote cross-disciplinary understanding and establish consistent terminology and best practices among professionals who play a vital role in helping farm families successfully navigate transition and estate planning.

Participants will receive practical guidance on key topics including farm transition strategies, legal business structures, tax considerations, financial planning tools, and a lender's perspective on transition planning. The training sessions are open to both OFTN members and non-members, providing an excellent opportunity for professional development, networking, and alignment with emerging industry best practices.

The training series supports OFTN's mission to strengthen the future of Ohio agriculture by providing comprehensive, consistent, and accessible farm transition planning resources. Through improved coordination among service providers, OFTN seeks to empower farm families to address transition challenges, preserve farm legacies, and ensure the long-term sustainability and vitality of Ohio's agricultural communities.

Training Locations and Dates

The regional training sessions will be offered at the following locations:

• September 30, 2026 – Young's Dairy, Springfield
• October 1, 2026 – Bell Manor, Chillicothe
• October 12, 2026 – Putnam County Educational Service Center, Ottawa
• October 27, 2026 – Milestone Event Center, Norwalk
• October 29, 2026 – Pritchard Laughlin Civic Center, Cambridge

Participation in this training program is available to both OFTN members and non-members. The attendance fee is $100, and registration closes two weeks ahead each respective training.

The Ohio Farm Transition Network extends its sincere appreciation to the organizations whose support has been instrumental in funding and launching this statewide initiative. Special thanks to Ohio Farm Bureau, AgCredit, Farm Credit Mid-America, Nationwide, Ohio Corn & Wheat, Ohio Soybean Council, Ohio Department of Agriculture, USDA Farm Service Agency, and The Ohio State University Extension for their commitment to strengthening farm transition planning resources and helping secure the future of Ohio agriculture.

By establishing a shared framework for farm transition planning, these training sessions will help Ohio's agricultural professionals deliver more reliable, coordinated, and effective support to farm families preparing for the future.

This training also fulfills one of the requirements for OFTN membership; however, it is open to both members and non-members. If you would like to apply for membership, visit go.osu.edu/oftnmembership. To register for a one-day training or learn more, visit go.osu.edu/OFTN-seminars or contact Ryanna Tietje (Tietje.9@osu.edu) for more information.

Highlights from the 2026 Cultivating Connections Conference

The Fourth Annual Cultivating Connections Conference, held last week in Columbus, brought together attorneys, financial advisors, lenders, extension educators, and agricultural advisors for dedicated sessions on farm transition planning. Throughout the multi-day event, professionals across disciplines exchanged strategies, networked, and shared critical insights aimed at preserving family farm legacies.

Here are key highlights and takeaway summaries from this year’s expert presentations:

People & Family Dynamics

• Understanding the Real Farm Structure: David Marrison (OSU Extension) highlighted how a family farm’s formal organization chart rarely tells the full story. His presentation demonstrated that effectively advising farm families often requires peeling back the operational layers to understand the true underlying dynamics and decision-making roles
• Supporting Farm Family Well-Being: Sarah Noggle (OSU Extension) addressed mental health concerns within farm families, providing guidance on impacts of  stress and connecting producers with vital support resources.

Transitions & Estate Management

• Assisting Absentee Landowners: Sandy Kuhn (Farmers National) explained how professional farm managers can bridge operational gaps and facilitate effective transition planning for absentee landowners.
• Utilizing Conservation Easements: Peggy Hall and Ellie Ewing (Ohio State) detailed how agricultural and conservation easements serve as durable but flexible legal tools within comprehensive farm succession plans.

Legal Protection & Tax Optimization

• Shielding Assets Against Divorce: Attorney Morgan Lyles (Stebelton Snider LPA) outlined essential protective provisions to incorporate into business operating agreements and estate plans to safeguard the family farm in domestic disputes.
• Navigating Corporate Asset Transfers: Ryan Conklin and Johnny Cottingim (Wright & Moore Law Co.) addressed the tax hurdles of moving assets out of legacy corporations and strategies to minimize negative tax exposure.
• Post-Death Tax Strategies: Robert Moore (Ohio State) examined key tax planning mechanisms to maximize tax basis step-ups and secure favorable tax treatment following the death of a spouse.

The conference reinforced that successful farm succession requires both technical legal tools and open, cross-professional collaboration.  The best transition plans usually involve multiple advisors. Thank you to all our presenters and attendees for contributing to a productive event!

Cultivating Connections is held each year, alternating annually with odd years hosted in Iowa and even years in Ohio. Be sure to look out for details on next year’s conference and plan to join us in Iowa or online!

On June 25, 2026, Governor DeWine signed Senate Bill 219 into law.  The new law, which will go into effect on September 23 of this year, marks the first major change to oil and gas laws in Ohio since 2012. While much has been written about the bill making it easier to drill and frack on state-owned public lands, here we will focus on the provisions in the bill that could affect landowners with wells on their land and those with the permits to drill. S.B. 219, sponsored by Senator Landis (R-Dover), makes several changes to oil and gas laws that have not been updated since the Kasich administration.  Below, we will discuss some of these updates.

ODNR regulation of interstate wells

SB 219 gives the Division of Oil and Gas Resources Management (part of the Ohio Department of Natural Resources, or ODNR) the authority to regulate any portion of an oil and gas well located in Ohio. This applies even if another portion of the same well is located in another state. Furthermore, the bill allows the Chief of the Division to enter into a memorandum of understanding with agencies in other states regarding an interstate well.

ODNR reviews of drilling and plugging permits

S.B. 219 makes some modifications to how the Chief of the Division reviews oil and gas drilling and well plugging permits. First of all, the bill eliminates the Division’s ability to refuse requests for expedited reviews of applications for drilling and plugging permits. That being said, the bill only allows well owners to submit ten expedited review requests per calendar year.  Filing an expedited permit carries with it a nonrefundable $250 fee for drilling permits and a nonrefundable $500 for expedited plugging permits. If the well owner has paid the required fee and has not exceeded ten expedited permit applications, the Chief must:

1. Notify the county engineer of the filing of the permit application and request for expedited review by telephone; and
2. Issue a permit within seven days of the filing request unless the application is denied.

The second change to permit reviews extends the standard review timeline for wells that require additional permits, such as Class II disposal wells, enhanced recovery projects, and solution mining projects. Current law requires the Chief of the Division to issue or deny a permit between 18 to 30 days for urban locations and 10 to 21 days for other locations. Under S.B. 219, the Chief would have 120 days after the conclusion of the public comment period to issue or deny the drilling permit.

Appeals from ODNR orders

Current law allows a person to appeal an order issued by the Chief of the Division either in the court of common pleas or to the Oil and Gas Commission. S.B. 219 changes this—appeals may now only be made to the Oil and Gas Commission.  However, the bill still allows a person to appeal the Oil and Gas Commission’s decision in the court of common pleas in the relevant county.

Additionally, S.B. 219 allows a permit holder—those who have the right to drill on a tract—to appeal any of the terms and conditions included in a permit to the Oil and Gas Commission. If an appeal of the terms and conditions take place, no other person may intervene, but the Commission may allow an amicus curiae (a person allowed to offer additional information, expertise, or legal insights) to participate for good cause.  This change may not be the best for landowners who don’t also own the subsurface rights, as it would make it more difficult to voice their opinion in a permit appeal.

More options when assigning or transferring wells

S.B. 219 streamlines the process for well owners to be relieved of their obligations and liabilities following the assignment or transfer of a well. (Well owners are those who have the right to drill on a tract, and are not always the same person who owns the land on the surface.) Current law requires the assignee or transferee (the person or company the owner is transferring the well to file information with the Division, obtain liability insurance, and secure the deal with a surety bond, negotiable certificates of deposit, irrevocable letters of credit, or cash. While S.B. 219 keeps this process, it also directs the Division to create a form that the well owner can fill out on behalf of the assignee or transferee with the same required information. Both parties’ signatures are required on the form. This change will give well owners more certainty, as they will have the option to take the filing into their own hands and not wait on the assignee to initiate the process.

Changes to the statute of limitations

The bill requires an action alleging that an oil and gas lease has terminated, or is no longer in effect, to be brought within ten years after the termination occurred. This is a change from both statutory and case law. Under the current statutory language, the statute of limitations is four years for an action alleging breach of any express or implied provision of an oil and gas lease that concerns the calculation or payment of royalties, and ten years for an action alleging a breach of other parts of the lease. S.B. 219 would expand the statute of limitations to ten years for any type of breach. Importantly, the new statutory language would also supplant a 2019 Ohio Supreme Court ruling, Browne v. Artex, in which the Court decided that the statute of limitations for oil and gas leases should be treated like other property leases, meaning the amount of time to file a claim would be 21 years. (You can read the case here.) Thus, landowners who have a lease with a company to drill on their land would only have 10 years to bring a claim that the lease is terminated, as opposed to 21.

Streamlined process for orphan wells

New language in S.B. 219 will simplify the Division’s notice requirements in cases where a landowner is the one to discover and report one or more orphaned wells on their land.  In those cases, S.B. 219 clarifies that Chief is only required to publish notice in a local newspaper or on the ODNR website.

S.B. 219 also clarifies that a landowner may plug an orphaned well on their property and seek reimbursement from the Division.  Finally, when determining the priority of plugging orphaned wells, the bill requires that the orphaned well’s proximity to an injection well be one of the criteria the Division takes into account. Each of these changes could potentially speed up the plugging process for landowners with orphaned wells on their property.

State lease extensions

The current statutory language requires the standard oil and gas lease used by state agencies to include an option to extend the term of the lease for three years. S.B. 219 changes this option to five years. This could affect landowners and subsurface right owners involved in leases with state agencies.

Again, S.B. 219 goes into effect on September 23, 2026. For more information, you can find the bill in its entirety here.

A farmland lease is one of the most important legal agreements a farmer and landowner will sign. It establishes the rights and responsibilities of both the tenant and landowner, protects their interests, and provides a roadmap for resolving disputes. But even a carefully negotiated lease may not be enforceable if it fails to meet Ohio's legal requirements.

Ohio law sets out several basic requirements for creating an enforceable lease. In addition to those legal requirements, a well-drafted lease should clearly address the business terms of the farming arrangement to reduce misunderstandings and avoid future disputes. Landowners and tenants should review their lease to be sure it contains these essential elements:

1. Put the lease in writing.
Ohio law generally requires a lease involving an interest in land to be in writing. While verbal farm leases remain common, relying on an oral agreement can make it difficult, and sometimes impossible, to enforce the lease if a dispute arises. A written lease provides certainty for both the landowner and the tenant.

2. Clearly identify the farmland.
A lease should accurately describe the property being rented. Include the legal description, property address, and acreage. A clear description eliminates uncertainty about what land is covered by the agreement. 

Just as important as identifying the land that is included in the lease, be sure to identify any portion of the property that is not included in the lease.  It is normal to omit woods, buildings and facilities from the lease.

3. Identify all parties correctly.
Every landowner should be listed in the lease using the correct legal name. If the property is owned by spouses or multiple family members, each owner should be included. When a business entity is a party to the lease, the individual signing on behalf of the entity should have legal authority to do so. 

A common oversight with identifying parties involves land in trusts.  Many owners forget that their land is in trust and sign as an individual, not as the trustee of the trust.  Failing to sign the lease in the trustee's capacity on behalf of the trust could make the lease unenforceable against the trust.

It is a good idea for the tenant to check the ownership on the county Auditor’s website.  Look up the specific parcel being leased to determine who is identified as the legal owner.  Then, make sure the names on the lease match the names on the Auditor’s site.

4. Make sure everyone signs the lease.
A lease generally cannot be enforced against someone who did not sign it. Every party to the agreement should sign the lease before it becomes effective.

5. Follow the additional requirements for long term leases.
If the lease is for more than three years, Ohio law requires the parties' signatures to be notarized.  Not notarizing a long-term lease causes the lease to be treated as a year-to-year lease by Ohio law.

6. Record long-term leases or a memorandum of lease.
Recording a lease, or a memorandum of lease, with the county recorder helps protect the tenant's interest against future purchasers of the property. A recorded memorandum provides notice of the lease without disclosing all of its terms.  It is good practice to record long-term leases to ensure the lease remains in effect even if the landowner sells or transfers the land to another person.

Including these terms is only part of creating a good farm lease. A well-drafted lease should also clearly address important business conditions such as the rental amount, payment dates, lease term, responsibilities for repairs and improvements, conservation practices, insurance requirements, termination procedures, and other provisions that fit the needs of the parties. Spending time to develop a thorough written lease can help prevent disputes and provide certainty throughout the leasing relationship.

Several resources are available to assist with drafting farm leases at ohiofarmlaw.com.  The publications Creating an Enforceable Farm Lease and What’s in Your Farmland Lease? A Checklist of Farmland Lease Provisions explain the terms and conditions that should be in a farm lease.  Farm lease templates can be found at aglease101.org, a resource provided by the North Central Farm Management Extension Committee.

Remember the September 1 Deadline for Verbal Farm Leases

As harvest approaches, Ohio landowners and tenants should also keep an important legal deadline in mind. Under Ohio law, a year-to-year verbal farm lease, or a written lease with no termination provision, automatically renews unless the landlord gives notice of termination by September 1. If notice is not provided by that date, the lease continues for another year. Landowners and tenants who are considering changes to their leasing arrangements should review their current agreements well before September 1 and provide timely notice if they intend to end a verbal lease.

For more information about farmland leasing and other agricultural law topics, visit the Farm Office at farmoffice.osu.edu.