Legal-Ease: Key steps for agriculture-involved LLCs and trusts

Agriculture-involved LLCs and trusts require certain key steps that aren’t necessarily included in other LLCs and trusts. Omitting these keys steps can be fatal to the LLC or trust’s operation. 

While some law firms do take these key steps for agriculture-involved LLCs and trusts, not all do. Don’t assume the steps are being taken unless your lawyer explicitly tells you that they are. 

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: 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: Co-owning and separating real estate

A “partition” is the specific type of lawsuit designed for splitting up co-owned real estate. But you can avoid this lawsuit by managing co-ownership with a few other options. Creating an LLC, a limited liability company, may not seem like it has much to do with real estate but it will help establish guidelines for multiple owners. A shared ownership agreement can also be used to manage conflict.

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: Who’s responsible when crops obstruct views?

Crops planted near roadway intersections, often corn, can raise questions regarding who is responsible for an accident if the crops obstruct the view of traffic. Often the landowner or farmer can be found responsible if the crop unreasonably obstructs the view at an intersection.

Legal-Ease: New manure laws start June 21

A new law will go into affect in a few months that will necessitate that most farmers monitor the weather before spreading manure. While several applications and farming operations are exempt from the ruling, farmers in northwest and west central Ohio will be under more specific requirements when it comes to spreading manure.