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Articles by Evin Bachelor
Transitioning the farm: equitable vs. equal?
By Chase Rodemann, paralegal; and Evin Bachelor, attorney When it comes to your farm surviving a transition to the next generation, your heirs’ ability to work together can make or break the process. Unfortunately, it is all too common for there to be differing opinions among children or farm heirs as to how this transition should take place. Often, the differences lie between on-farm heirs and off-farm heirs.
Put farm succession promises in writing
The holidays are a special time full of family, food and conversation. For farming families, those conversations often lead to a discussion on the future of the farm and its succession to the next generation. For the plan discussed at Christmas dinner to become reality, it must be put in writing through legal documents. Unfortunately, many of those conversations remain just that: verbal promises. Sometimes attorneys are asked to settle a farmer’s estate.
No vote on community rights in Williams County, yet
September 19, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program A proposed county charter for Williams County, Ohio containing language similar to the Lake Erie Bill of Rights may not make it on the November ballot. The Ohio Supreme Court recently refused to compel the Williams County Board of Elections (BOE) to include the charter on the ballot for procedural reasons.
Changes on the horizon for H-2A temporary agricultural labor rules
Home / Country Life / Changes on the horizon for H-2A temporary agricultural labor rules September 10, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program The U.S. Department of Labor (DOL) says that it has found a number of inefficiencies in the H-2A temporary agricultural labor visa program, and the department has a solution: change the program’s rules.
West Coast goes cage free
August 29, 2019 Livestock, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural and Resource Law Program States continue to battle over whether eggs should come from cage-free hens or caged hens. When we last discussed the topic HERE in May, the governor of the state of Washington had just signed his state’s cage-free requirement into law. Iowa, the nation’s leading egg producing state, has gone the other way in trying to limit cage-free egg production.
A legal look at wind farm setbacks
August 14, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural and Resource Law Program The Ohio Power Siting Board’s approval of new wind-turbine models in facility’s certificate does not constitute an amendment to the certificate for the purposes of triggering current turbine-setback requirements.
Taking property without just compensation
August 13, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural and Resource Law Program A property owner may bring a claim in federal court under the Fifth Amendment when the government has violated the Takings Clause by taking property without just compensation. This case involved a township ordinance requiring all cemeteries to be held open and accessible to the general public during daylight hours.
Understanding important solar lease terms
By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program With all the rain and delayed planting that Ohio farmers have experienced this spring, signing a solar lease has been a very appealing prospect for many farmland owners. While this may be the right decision for a farm, it is very important that the farmland owner understand exactly what he or she is signing.
Ohio case law update
June 20, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program Here’s our latest gathering of Ohio agricultural case law news that you may want to know. Plaintiff must prove that a defendant wedding barn operator’s breach of a duty caused her harm Conrad Botzum Farmstead is a privately operated wedding and event barn located in the Cuyahoga Valley National Recreation Area and on lease from the National Park Service.
Meat industry lawsuits
June 19, 2019 Livestock, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program A recent class-action lawsuit was filed in Illinois federal court by a number of cattle ranchers, including R-CALF, against the nation’s largest meatpacking companies. Now, another lawsuit has been filed in Minnesota federal court also alleging a price fixing conspiracy by the meatpackers.
USDA’s Economic Research Service Employees Unionize
When you don’t want to move, you don’t want to move. That’s the message being sent to Secretary Perdue and the leadership of the USDA by employees of the USDA Economic Research Service (ERS), who recently voted to unionize 138 to 4. ERS produces research on agriculture and rural economies that is used by policymakers in determining where to prioritize federal money, personnel, and attention. Many universities and agricultural organizations also utilize the data in their own research.
The Roundup lawsuits: what is going on?
May 29, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program A jury recently returned a verdict awarding a California couple $2.055 billion (yes, billion) in damages after the couple alleged that the glyphosate in Roundup caused their cancer.
Glyphosate Suits: Not So Much What The Science Says But What Jurors Think It Says
A jury recently returned a verdict awarding a California couple $2.055 billion (yes, billion) in damages after the couple alleged that the glyphosate in Roundup caused their cancer. This is the third California jury to be convinced that the Monsanto herbicide, which was acquired by Bayer last year, caused or substantially contributed to a cancer diagnosis of non-Hodgkin lymphoma.
Hemp bill completes third hearing in Ohio House committee
May 22, 2019 Crops, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program The Agriculture and Rural Development Committee in the Ohio House of Representatives completed its third hearing regarding Senate Bill 57 on Tuesday. The bill would decriminalize hemp produced under the regulatory system proposed in the bill. The committee heard testimony from nearly two dozen individuals and organization representatives.
Ohio Attorney General Yost asks to join in the Lake Erie Bill of Rights lawsuit
Home / Country Life / Ohio Attorney General Yost asks to join in the Lake Erie Bill of Rights lawsuit April 11, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program The Ohio Attorney General filed a motion in the Drewes Farm Partnership v. City of Toledo case seeking to intervene as a plaintiff alongside the Drewes Farm Partnership.
Wisconsin Supreme Court asked to decide scope of agency power to regulate agriculture
Home / Country Life / Wisconsin Supreme Court asked to decide scope of agency power to regulate agriculture March 1, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program A Wisconsin court of appeals has certified two cases to the Wisconsin Supreme Court, asking the court to determine the extent of the Wisconsin Department of Natural Resource’s authority to regulate agriculture in order to protect groundwater.
Nebraska wind farms sue to enforce contract and keep utility from flying off into the sunset
Home / Country Life / Nebraska wind farms sue to enforce contract and keep utility from flying off into the sunset March 1, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program Three Nebraska windfarms in a power supply contract with the Nebraska Public Power District (NPPD) have filed suit to prevent the utility from backing out of the contract. The wind farms filed a complaint in federal court in Nebraska on Jan.
FFA charter amendments approved by Congress and the President
Home / Country Life / FFA charter amendments approved by Congress and the President Ohio FFA State Officers at National FFA Convention. Photo courtesy of Koleson McCoy. February 28, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program Citing issues arising from the U.S. Department of Education’s not filling seats on the National FFA Board of Directors, the National FFA sought an amendment to its charter.
Conservation funding for federal lands could be restored under U.S. Senate bill
Home / Country Life / Conservation funding for federal lands could be restored under U.S. Senate bill February 28, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program In a sign of bipartisanship, the U.S. Senate passed the National Resources Management Act by a vote of 92-8.
New Lake Erie lawsuit filed against U.S. EPA
February 23, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Ohio State University Extension Agricultural & Resource Law Program We can’t say that Lake Erie is back in the news, because lately it hasn’t left the news. However, there is a new lawsuit in federal court that seeks further action from either the U.S. Environmental Protection Agency or the Ohio EPA regarding Lake Erie water quality.
New ODA director changes course of watersheds in distress rulemaking
Home / Country Life / New ODA director changes course of watersheds in distress rulemaking January 18, 2019 Country Life, Slider By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University Less than a week into the administration of Ohio Governor Mike DeWine, a new approach to watersheds in distress has emerged.
Ohio township bill could impact ag zoning
January 10, 2019 Country Life, Top Headlines By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University In December, the Ohio House of Representatives and Senate agreed to modifications to House Bill 500, which would make a number of changes to Ohio’s township laws. Some of the highlights of the most recent version include: A board of township trustees must select a chairperson annually.
Syngenta settlement approved by federal judge
Photo by Lea Kimley. January 7, 2019 Crops, Top Headlines By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University The major multi-year class action lawsuit against Syngenta for failing to receive import approval from China before selling its Viptera and Duracade seeds in the United States has been settled for $1.51 billion. On Dec. 7, Judge John Lungstrum of the U.S. District Court for the District Kansas issued a final order granting the settlement.
Department of Labor proposes rule requiring H-2A advertisements be posted online
By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University The U.S. Department of Labor (DOL) published a notice of proposed rulemaking in the Federal Register on Nov. 9 that would change how employers must advertise available positions before they may obtain H-2A worker permits. H-2A permits are work visas for temporary agricultural workers who are non-U.S. citizens.
LLC agreement to adjust member financial contributions must be in writing
By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University The Ohio Fourth District Court of Appeals recently affirmed a decision finding a verbal agreement to adjust contributions between members of a Limited Liability Company (LLC) to be unenforceable, even if the other party admitted to making the statements.
Ohio legislation on the move
By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University The Ohio General Assembly has returned from the midterm elections with a potentially busy lame duck session ahead of it. Already a number of bills that we have been monitoring have seen activity in their respective committees. The Ohio Senate Agriculture Committee held first hearing on multi-parcel auction bill. State senators heard testimony on House Bill 480 on Nov. 13.
State of Ohio sued over wind turbine setbacks
State of Ohio sued over wind turbine setbacks December 10, 2018 Country Life, Top Headlines Leave a comment By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University Four farmers in Paulding County have joined with The Mid-Atlantic Renewable Energy Coalition to sue the State of Ohio over wind turbine setbacks added to the 2014 biennial budget that some allege curtailed wind energy development in Ohio.
Livestock legalities around the nation affecting producers
By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University Every year, we hear fascinating legal updates at the American Agricultural Law Association’s annual conference. Thanks to presentations by Todd Janzen and Brianna Schroeder of Janzen Ag Law in Indianapolis, we were inspired to learn a little more about trends in meat law.
Landowner’s evidence not determinative in CAUV tax appeal according to Ohio Supreme Court
By Evin Bachelor, Law Fellow, Agricultural and Resource Law Program, Ohio State University A landowner may present evidence regarding the value and acreage of his or her land, but the Board of Tax Appeals (BTA) is free to weigh that evidence as it wishes, according to the Ohio Supreme Court. All seven justices agreed that the BTA in the case of Johnson v.
FDA releases two FSMA draft guidance documents
The Food and Drug Administration recently released draft guidance documents explaining how to follow rules under the Food Safety Modernization Act (FSMA). One document, titled “Guide to Minimize Food Safety Hazards of Fresh-cut Produce,” provides guidance on how to follow the Preventive Controls Rule under FSMA.
Judge reduces jury verdict against Bayer’s Monsanto
Bayer’s Monsanto quickly challenged a quarter billion dollar verdict granted by a San Francisco jury to a plaintiff who alleged that Monsanto’s Roundup weed killer caused his cancer. Monsanto asked the judge to reconsider the jury’s verdict, and on Monday, Oct. 22, the judge reduced the punitive damages portion of the jury verdict from $250 million to $39.25 million.
OSWCC votes for more time to assess impacts of Watersheds in Distress designation
$1.8 billion to implement Comprehensive Nutrient Manangement Plans (CNMPs) and replicate efforts in the Grand Lake St. Marys Watershed on all farms in the 8 watersheds being considered; 2,100 new Natural Resources Conservation Service staff members required to implement the CNMPs throughout the watersheds and replicate efforts in the Grand Lake St. Marys Watershed on all farms in the 8 watersheds being considered; $8,195 in average expense for each of the 7,000 farmers for developing a CNMP;...
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