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This weekend, as you enjoy your morning cup of coffee and find yourself wondering what’s the news in our court system, look no further than this blog post. Every now and then there’s a new court opinion related to agricultural law that peaks our interest and makes us want to share a summary of what happened. This week we read cases about the federal Takings Clause, wind energy, and oil and gas rights. Here are the stories:
Congress must be concerned about the financial state of farmers. A bill to increase the Chapter 12 debt limit to $10 million has languished in Congress since March, but recently gained traction and passed through both houses quickly. Congress forwarded the bill, known as the Family Farmer Relief Act of 2019, to the President after the Senate approved it late last week. The House passed the change to Chapter 12 on July 25.
It’s been a while since we’ve written about the Lake Erie Bill of Rights (LEBOR). As a refresher, LEBOR was passed in February in a special election as an amendment to Toledo’s city charter. LEBOR was meant to create new legal rights for Lake Erie, the Lake Erie ecosystem, and to give Toledo citizens the ability to sue to enforce those legal rights against a government or a corporation violating them. For a longer explanation on LEBOR, see our post
It’s been a busy July in the ag law world, to say the least. The Ohio General Assembly officially passed the hemp bill and a budget, RMA adjusted its prevent plant restrictions, and we have seen more activity on LEBOR. With everything that is going on, it’s time for another ag law harvest. Here’s our latest gathering of agricultural law news you may want to know:
Written by Barry Ward, Production Business Management Leader and OSU Income Tax Schools Director
The funny thing about a "budget bill" is that it’s not all about the budget. Many laws that are not related to the budget are created or revised within a budget bill. That’s the case with Ohio’s HB 166, the "budget bill" signed on August 18 by Governor DeWine. In the midst of the bill’s 2,602 pages are revisions to an important law for agricultural landowners—the “Right to Farm” Law.
It’s been a busy week in Columbus, with the Ohio General Assembly sending multiple bills to Governor Mike DeWine for his signature. One of the bills is one we have been following very closely—Substitute Senate Bill 57, or the “hemp bill.”
Bill history
Written by Barry Ward, Leader, Production Business Management & Director, OSU Income Tax Schools
Prevented Planting Crop Insurance Indemnity Payments
With many farmers in Ohio unable to plant before the Final Planting Date for crop insurance, questions are arising about planting and harvesting cover crops on those prevented planting acres. USDA Risk Management Agency (RMA) rules allow operators to plant cover crops on prevented planting acres and to hay, graze, or cut the cover crops for silage after the posted “harvest date.” In previous years, the harvest date for cover crops was November 1. If an operator harvested the cover crop before that date, the prevented plant payment would be reduced from 100% to 35%.
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.
