Legal-Ease: Herbicide drifting re-emerges as practical and legal issue

Herbicides have helped farmers control weeds for decades. Twenty years ago Monsanto created genetically modified seed that would grow into plants that wouldn’t die if they were sprayed with glyphosate, which is a chemical that will kill all living plants. This technology is referred to as “Roundup Ready,” and it created some of America’s first weed-free farms. 

Legal-Ease: Grains, trains and automobiles

In some areas, the local government doesn’t own the land adjacent to the road and instead will have an easement with the landowner. This easement is commonly called a right-of-way, and often the owner of the land gave the government the right to use the land more than a century ago for a road. If the government owns or has an easement over any area of land, the government has the right to use that area for roadway traffic, which includes ensuring clear vision near curves and at intersections.

Legal-Ease: Valuing components of co-owned property

Sometimes we can find ourselves co-owning property with one or more co-owners wanting to be bought out. Even if we are in the process of converting ownership of the co-owned property into assets owned by an LLC, it becomes important to value the property and each person’s portion.

Legal-Ease: Components of a good farmland lease

Many landlords and tenants could benefit from better farmland leases. Sometimes, the seemingly simple act of defining each party may be more complex than one assumes.

More complicated agreements such as “hybrid leases,” which contain elements of cash rent and crop-share, rely on formulating payments based on yield and crop prices. Other basic items such as lease duration or payment schedule could create pitfalls if both parties have not clearly established them. A good farmland lease will address these concerns, among others.

Legal-Ease: Farm machinery, roads and inconsistent laws

Ohio law governs vehicles on roadways, including farm machinery. Yet this equipment holds a special place in the law, seeing as many pieces of machinery are larger than normal vehicles and can occupy more space in or across lanes. To understand the liability factors at play, you need examine how the different vehicle laws interact.

Legal-Ease: CDLs and farmers

A CDL is required to operate many motor vehicles in the state of Ohio. Buses, trucks, semi-tractors, dump tracks and more require that the driver have a CDL. But the requirement to have a CDL excepts farmers in some situations. The way in which the farmer uses the vehicle is what defines whether it would be excepted from Ohio’s CDL requirements. There are five requirements for a farmer in place by the state of Ohio that would except the farmer from the CDL requirement under the farming exception.

Legal-Ease: Capital gains tax and trading properties

Often when people make a purchase, over time it appreciates in value. When that item is sold, the government taxes on the increase in the value of the property. The tax that is assessed is called capital gains tax. Sometimes capital gains taxes discourage people from selling property as they don’t want to pay the capital gains tax. As a result of this, the government has a process that will sometimes allow for for capital gains taxes to be delayed.

Legal-Ease: Urban rural livestock battles usually fought on two fronts

As more people move to the country seeking privacy and peaceful living, more people become upset with each other due to livestock smelling or sounding different than what they expected. Often these arguments escalate into legal battles as people try to make amends with some of the realities of country living, such as unpleasant smells and loud animals. This battle is normally fought on two fronts: zoning and nuisance law.

Legal-Ease: Grain bins no longer taxable as real estate

Ohio traditionally taxed tangible personal property, which most often affected businesses that used expensive machinery and equipment. After a few changes in the law, the question came up whether grain bins are more like doors and windows, which are taxed as part of real estate, or light fixtures, which are not taxed as real estate.