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Pa. leads nation, investing $8.2 million to protect 32 farms in 18 counties

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HARRISBURG, Pa. — Pennsylvania protected 2,264 acres on 32 farms in 18 counties from future development, investing nearly $8.2 million in state, county and local dollars to ensure that prime farmland is not lost to development. This brings Pennsylvania’s total to 6,076 farms and 613,884 acres in 58 counties, now forever protected from commercial, industrial or residential development. Pennsylvania continues to lead the nation in the number of preserved farms, investing more than $1.6 billion since 1988 to protect the state’s valuable farmland.

The 32 newly preserved farms are in Berks, Bucks, Centre, Chester, Cumberland,

Dauphin, Lancaster, Lebanon, Lehigh, Lycoming, Mifflin, Monroe, Montgomery, Northampton, Perry, Schuylkill, Washington and York counties.

“Saving farmland protects the beauty and productivity of our state, the health of our environment, the vitality of our economy, and our ability to feed a growing population,” Agriculture Secretary Russell Redding said. “It is not only one of the most important investments our state, federal and local governments make together, it is a priority we all agree on.”

By selling their land’s development rights, landowners preserve their farms, protecting land from future residential, commercial or industrial development. Farm families often sell their land at below market value to ensure that it will remain farmland forever. Pennsylvania partners with county and sometimes local governments and non-profits to purchase development rights, ensuring a strong future for farming and food security.

Pennsylvania has a long-standing partnership with USDA’s Natural Resources Conservation Service through the Agricultural Conservation Easement Program and the Regional Conservation Partnership Program — the first of its kind — which has invested more than $16 million to date to implement measures on farms to improve water and soil quality in the Chesapeake Bay Watershed.

Gov. Tom Wolf’s $1.7 billion planOpens In A New Window to help Pennsylvania recover from the COVID-19 pandemic would further extend these investments. The plan devotes $450 million in American Rescue Plan Act (ARPA) dollars to support conservation, recreation, and preservation efforts including farmland preservation.

Notable farms preserved at today’s PA Land Preservation Board meeting include:

The Nancy A. and Webb C. Miller Farm in Ferguson Township, Centre County is one of three partially forested farms being donated to the program this month. Many preserved farms include valuable woodlots, which provide wildlife habitat, storing carbon and renewing groundwater.

Aaron Ezra and Gary H. Eby in East Earl Township, Lancaster County are the sixth generation of the Eby family to farm this land. Preserving the farm will ensure the family’s farming legacy for generations to come.

W. Darren and Suzanne K. Marsteller’s farm in Hopewell Township, York County is in an area under intense development pressure as a bedroom community for Baltimore. Local officials have worked hard to protect area farmland, with 4,431 acres enrolled in the township’s Agricultural Security Area, a prerequisite for selling the development rights to preserve a farm.

Drew M. and Kimberly S. Cowden raise purebred Shorthorn cattle for show, in Hopewell Township, Washington County, marketing in fifteen states and Canada in recent years.

Farms preserved today and dollars invested, by county: 

Berks County – Total investment $603,159 state, $148,150 county

The Allen P. and Mary J. Grube Farm, Centre Township, a 132.7-acre crop farm

The Kathy Levan Farm, Oley Township, a 163.6-acre crop farm

Bucks County – Total investment $931,552 state, $574,467 county, $58,240 non-profit

The Peter E. Bennett and Jean V. Nevins Farm, Springfield Township, a 60-acre dairy farm

Plumstead Acquisitions LLC, Plumstead Township, a 68-acre dairy farm

Centre County – Total investment $210,609 state, $1 county, $1 township

The Nancy A. and Webb C. Miller Farm, Ferguson Township, an 84-acre crop farm

Chester County – Total investment $264,402 state only

The Jacob Lantz Farm, Honey Brook Township, a 56.6-acre crop, horse and beef farm

Cumberland County – Total investment $234,808 state, $75,000 county

The Steven W. and Thomas H. Nealy Farm #5, North Newton Township, an 82-acre crop farm

Dauphin County – Total investment $76,695 state only

The Loretta L. and James L. Long, Jr. Farm, Wayne Township, a 51-acre crop farm

Lancaster County – Total investment $819,962 state, $180,569 county

The Aaron Ezra and Gary H. Eby Farm, Earl Township, a 52-acre dairy farm

The Matthew R. Hess Farm, Strasburg Township, a 35-acre crop and beef farm

The Stephen S. and Anna M. King Farm #2, Colerain Township, a 49.6-acre crop farm

The Park H. and Sheila A. Ranck Farm, Strasburg Township, a 39.7-acre crop farm

The Abram M. and Anna M. Stoltzfus Farm, Salisbury Township, a 66-acre crop farm

The Troy S. and Nicole M. Wenger Farm, Rapho Township, a 57.8-acre crop farm

Lebanon County – Total investment $222,891 state, $67,224 county

The Donald L. and Sharon L. Bollinger Farm, Millcreek Township, a 114-acre crop and poultry farm

Lehigh County – Total investment $119,203 state, $108,930 county

The Kevin L. Smith #5 Farm, Washington Township, a 36.3-acre crop farm

Lycoming County – Total investment $59,602 state, $6,304 county

The Lynn R. Lunger Farm, Franklin Township, a 50.4-acre crop farm

Mifflin County – Total investment $147,514 state, $15,250 county

The Irvin R. Fleming Family Irrevocable Trust Farm, Kathryn M. Fleming, trustee, Menno Township, a 117.3-acre crop farm

Monroe County – Total investment $162,249 state only

The Christopher Schmidt Farm #2, Polk Township, a 27-acre crop farm

Montgomery County – Total investment $181,871 state, $2,013 county, $27,615 township

The New Goshenhoppen United Church of Christ Farm #2, Upper Hanover Township, a 20-acre crop and beef farm

Northampton County – Total investment $379,007 state, $569,954 county, $317573 township

The Floyd G. and Doris J. Brewer Farm, Lower Mt. Bethel Township, a 53.9-acre crop farm

The Jeffrey A. and Kevin M. Brewer Farm #3, Lower Mt. Bethel Township, a 44.9-acre crop farm

The James Folk Farm, Washington Twp., a 51.9-acre crop farm

The Arnell D. and Gordon J. Mann, Sr. Farm, Lorie E. Gaugler, trustee, Allen Township, a 54.5-acre crop farm

The Roger Marth Farm, Allen Township, a 29.2-acre crop farm

The Alvin P. and Heidi Messinger Farm, Upper Mt. Bethel Township, a 26-acre crop farm

Perry County – Total investment $46,441 state, $39,837 county

The Dennis R. and Brian R. Cauffman Farm #2, Jackson Township, a 75.9-acre crop and livestock farm

Schuylkill County – Total investment $261,663 state, $35,000

The Halabura Partners Farm, West Brunswick Township, a 143.6-acre crop farm

Washington County – Total investment $348,400 state, $113,863 county

The Drew M. and Kimberly S. Cowden Farm, Hopewell Township, a 149.5-acre crop and livestock farm

York County – Total investment $509,619 state, $265,680 county

The W. Darren and Suzanne K. Marsteller Farm #1, Hopewell Township, a 113-acre crop farm

The Kenyon L Miller Farm #1, East Hopewell Township, a 70.7-acre crop and livestock farm

The Mary F. Sterner Farm, Larry W. and Michael E. Sterner, trustees, Heidelberg Township, an 86.6-acre crop and livestock farm

To learn more about Pennsylvania’s Farmland Preservation Program and investments in a secure future for Pennsylvania agriculture, visit agriculture.pa.gov. Find recent program highlights in the 2021 Annual Report.

–Shannon Powers, Pennsylvania Department of Agriculture

MU Extension guide, spreadsheet help estimate farmland values

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COLUMBIA, Mo. – Buyers and sellers who need an estimate of the value of a piece of farmland may not always find it feasible to get an appraisal, particularly one that reflects the land’s historical value needed to calculate taxes and settle estates.

University of Missouri Extension offers a publication and spreadsheet that give estimated value of farmland by county in Missouri, says Ray Massey, MU Extension professor in agricultural business and policy. Massey and Ryan Milhollin, assistant extension professor of agricultural business and policy, are co-authors of the “Missouri Farmland Values” guide and the accompanying county land value estimator spreadsheet.

Every five years since 1950, the U.S. Department of Agriculture has surveyed farmers and reported county-level land value in its Census of Agriculture. USDA also updates the average statewide market value of agricultural land and buildings each year. Since 1997, the state-level values are provided in four classes: all cropland, non-irrigated cropland, irrigated cropland and pastureland. This annual report does not break values down by county but is helpful in observing trends, says Massey.

Values can vary considerably within a county depending upon location, land quality and other factors, says Milhollin. For this reason, USDA estimates may not provide an acceptable estimate of land values. However, it does provide a consistent historical perspective, he says.

In the guide, Milhollin and Massey recommend steps to estimate historical land values at a county level. The accompanying spreadsheet reports the average market value for individual Missouri counties starting from 1959.

The guide and county land value estimator spreadsheet are available for free download at extension.missouri.edu/g403.

— MU Extension

Program rewards farmers for environmental outcomes

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MINNEAPOLIS — On June 7, General Mills and Ecosystem Services Market Consortium (ESMC) announced a multi-year roadmap to scale Eco-Harvest, ESMC’s market program that recognizes and rewards farmers for beneficial environmental outcomes from regenerative agriculture. The roadmap focuses on priority regions in the U.S. and Canada where General Mills sources its key ingredients, like wheat, oat, corn, and dairy. The initial $3 million investment from General Mills includes an ESMC grant to support the launch and development of Eco-Harvest and funds to scale regional programs.

“As a founding member of ESMC, General Mills is proud to expand its partnership and reward farmers for the quantifiable impact they’re having on the environment by advancing regenerative agriculture,” said Mary Jane Melendez, chief sustainability and global impact officer, General Mills. “As a non-profit, ESMC gives us confidence that the greatest possible value will go to the farmers. Also, no other market program offers the same scientific rigor and outcomes-based protocols that ESMC delivers, ensuring the credibility of soil carbon removals or reduced greenhouse gas emissions for reporting. General Mills is inviting supply chain partners and other companies that source from these same regions to collaborate on this effort to have the greatest impact.”

Eco-Harvest is a voluntary market program that generates and sells credits for increased soil carbon, reduced greenhouse gases, and improved water quality. These credits represent verified environmental benefits created within agricultural value chains resulting from approved farm practice changes. Eco-Harvest supports General Mills’ commitments to advance regenerative agriculture on 1 million acres by 2030, reduce absolute greenhouse gas emissions across its value chain (scopes 1, 2 and 3) by 30 percent by 2030, and ultimately achieve net zero emissions by 2050.

“With our Eco-Harvest market launched, we are excited to partner with General Mills on our joint vision to scale regenerative agriculture outcomes from U.S. and Canadian producers using our science-based, standards-based approach,” said Debbie Reed, executive director, Ecosystem Services Market Consortium. “We have spent more than three years building, testing, and refining our program. Now, we can scale impacts to not only pay farmers but also tap the interest from companies like General Mills, along with investors and consumers who are seeking transparent and meaningful actions.”

In 2020, General Mills and the Kansas Department of Health and Environment piloted a project with ESMC to reward farmers for improving soil health on their land, through techniques like using cover crops and reducing tillage. The pilot project was made available to Kansas wheat farmers participating in General Mills’ regenerative agriculture program and tested ESMC’s protocols and processes. Twenty-one farmers participated, opting into data tracking and field measurements. In October 2021, these farmers were paid for their improved ecosystem services, and the collaborative plans to continue the program in 2022. The pilot informed enhancements to improve farmer enrollment, data collection, soil sampling, impact verification processes and technology.

“We see the efforts from General Mills over the past handful of years, including the curiosity and ambition to move the whole system forward,” said Alex Boersch, farmer, Elie, Manitoba and owner of Re-Gen Ag Solutions Inc. “While General Mills is buying oats from the region, they’ve shown interest in everything that’s happening on the land. I appreciate that General Mills is stepping up and trying to do this to be a leader.”

ESMC and General Mills seek collaboration across the value chain to combine regional demand and drive momentum in these key sourcing regions. In July, ESMC will share regional Request for Proposals (RFPs) to identify organizations who can provide technical assistance, farmer enrollment support and soil carbon sampling. Implementing organizations will be selected in August and soil sampling will occur in spring of 2023 to set an important baseline for eventual credit generation.

— Ecosystem Services Market Consortium

New Extension director Don Llewellyn comes home to Lincoln County

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PULLMAN, Wash. — An avid 4-H kid raised on a wheat and cattle farm in Lincoln County, Don Llewellyn never outgrew his childhood love of livestock husbandry.

The Washington State University Livestock Extension Specialist came home this spring. Starting May 16, 2022, as the new director of Lincoln County Extension, Llewellyn is putting his practical, positive approach to work for the people of his native county.

“It’s a great opportunity to come full circle,” he said. “To come back here and do what I love to do, which is extension for the people of Lincoln County: that’s pretty special.”

By the time he graduated from Wilbur High School in 1977, Llewellyn had a passion for cattle breeding and nutrition.

“My family was deeply involved in agriculture in Lincoln County,” he said. “We had a strong 4-H program in Lincoln County, and Wilbur had a big group of kids. 4-H and the Junior Hereford Association were huge parts of my life.”

Llewellyn started raising 4-H animals as soon as he could, at age 9. State fairs, cattle judging, and regional heifer shows punctuated his teenage years.

“Livestock is deeply ingrained in who I am,” he said. “There’s a sense of accomplishment and excitement to see the next generation of calves. You have to be committed, because it’s a long haul before you see the fruits of your labor.”

Earning an undergraduate degree in animal science at Oklahoma State University, then graduate and doctoral degrees at Kansas State University in ruminant nutrition, Llewellyn taught at Eastern Kentucky University for several years before seizing the opportunity to return to Washington.

Based in Benton County, as a regional livestock specialist with WSU Extension’s Agriculture and Natural Resources Program Unit, he has helped livestock producers and budding 4-H and FFA youth solve challenges and improve their animal-nutrition practices. A teacher and a scientist, Llewellyn mentored graduate students as he tackled fundamental questions involving the science of forage and nutrition.

“There’s great value in blurring the lines between academics and Extension,” he said. “Not only do we get to do good, applied research, it increases our capacity for outreach work.”

While Llewellyn will continue to provide livestock production expertise across Washington state when needed, “my focus is to serve the people of Lincoln County.”

“Dr. Llewellyn is a scientist, a teacher, and a community partner with a heart for the land-grant mission,” said Vicki McCracken, associate dean and director of WSU Extension. “For more than a decade, he’s put the livestock producer of Washington first, and he genuinely loves the process of finding and sharing knowledge. Now, he’s doing the same for local farms, families, and communities.”

In Lincoln County, WSU Extension personnel conduct research on grain breeding, weeds, and farm management; offer youth development programs through 4-H, nutrition, and food safety education through the SNAP-Ed program; and share resources on livestock, irrigation, weather, and common plant and insect problems.

Llewellyn’s background helps him understand producers’ needs, while “my perspective as a past 4-H member means I know what it’s like for kids and parents.

“I know the value of good programs, and I’m here to facilitate them,” he added. “I know the people; I come from the same background.”

Llewellyn’s philosophy is an optimistic, practical one: focus on what will help people now.

“We should find ways to do things, not settle for reasons why we can’t,” he said. “If something’s good for the people of Lincoln County, I’m going to find a way to get it done.”

— WSU CAHNRS

National observance highlights dairy’s importance

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BOONES MILL, Va. — During National Dairy Month this June, take a moment to appreciate some of Virginia’s most delicious and nutritious commodities, and the farmers who provide them.

National Dairy Month commemorates the rich history of dairy farming in the U.S. and highlights the importance of producers who ensure store shelves are stocked with creamy foods like cheese, ice cream, milk and yogurt.

“Milk is a great value,” said Joanna Shipp, a Franklin County Farm Bureau member who runs Bowmont Dairy Farm with her father, Laird Bowman. “Cow’s milk offers thirteen essential nutrients, including carbohydrates, protein, calcium, potassium, vitamins A, D, B12 and riboflavin and minerals.”

Dairies remain a vital part of Virginia’s economy. With 421 dairy farms and 73,000 dairy cows, milk and other dairy products are the state’s fifth-ranked farm commodity—accounting for more than $297 million in cash receipts in 2020, according to the U.S. Department of Agriculture’s Economic Research Service. The top five milk-producing counties are Rockingham, Pittsylvania, Augusta, Franklin and Washington.

“Dairy farming also employs 72,000 people and has a $5.7 billion direct impact,” Shipp added.

While dairy is a top commodity in the state, Virginia’s dairy farmers have struggled for years, with more than 100 farms closing since 2018, and nearly one dairy closing each week in 2019. Most of those are family-run, as about 97% of U.S. dairy farms are owned by families, according to the USDA.

Joel Stanley of Thomas E. Stanley & Sons Dairy owns the only Hanover County dairy still in operation. In the family for four generations, the farm produces nearly 1,628 gallons of milk per day from 185 cows. Stanley said dairies play an important role in their local communities and are key to helping meet the demand for dairy products.

“All our milk—all of Virginia’s milk—stays local to Virginia for the most part,” he said. “Milk is one of the most wholesome, unadulterated, natural products produced. Only vitamin D is added, and within two to three days from harvesting, milk is back to the consumer.”

Stanley noted that local connection makes dairy farming a “very rewarding occupation … I’m proud to still be in it.”

Shipp agreed, and said she hopes consumers use National Dairy Month as an opportunity to support local dairies and “learn where their food comes from.

“The farm families of the dairy community spend our lives caring for our cows and the land we live on,” she said. “Through that care, we also love making a product that people locally and around the world can enjoy—one that’s good for them as well.”

–Virginia Farm Bureau

Students design software to predict cattle market with program envisioned by rancher

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RAPID CITY, S.D. — For many years, Wall Street investors have used sophisticated software like artificial neural networks to gain a trading advantage. These software tools use a range of data inputs and historical trends to predict stock prices.

But the cattle market is a different beast. “The software tools used to predict the stock market fail miserably if you apply them to cattle futures,” says Jordan Baumeister. She worked the past year with fellow computer science majors Trevor Borman and Dustin Reff to build models that could better predict the cattle and corn markets in an effort to offer commodity traders an edge. The team used artificial intelligence and data science to create mathematical models to predict future market trends and provide a comparison for anomalies, like droughts or floods, using historical data analytics.

“Our overall goal was to optimize the risk versus reward tradeoff that shows up when you exchange these contracts on the futures market,” says Reff.

To achieve this goal, the students had to rely on decades of previous work.

A long history of success

In 1993, Todd Gagne was a student at Mines developing his own software programs when he crossed paths with Ron Ragsdale, who ranched on 55,000 acres of rolling prairie near the confluence of the Belle Fourche and Cheyenne Rivers.

Ragsdale came to ranching following a successful career in law along with a background in math and statistics. He developed his own system for predicting the cattle market using a series of equations that he worked out by hand with a pencil and paper. The model helped him determine when to buy and sell both corn and cattle. The two commodities are related because cows are often fattened with corn.

“What he did was kind of genius,” says Gagne. “He looked at the futures market for both cattle and corn and backed out all the costs needed to fatten his claves. He used 187 variables, not just feed. He included the costs of the lights in his barn, vaccination, fuel, everything. This way he knew what he could pay for his calves to make a profit in the future.” If the model showed Ragsdale that he could not profit that year, he would lease his land to other ranchers.

Ragsdale asked Gagne to help enhance his equations with a computer program that he and his spouse, Holly, created while they were college students in 1993. “I was in my early 20s, and he was a guy who had been around the block. He saw everything as statistics and math. He taught me a lot and he was a great mentor,” says Gagne.

The software they developed was employed by Ragsdale successfully over the coming decades. It failed to predict positive results on only two occasions, one was on Sept. 11, 2001, the other the 2008 recession with the collapse of Lehman Brothers. “Everything else the model held up. It would bend, but it did not break,” says Gagne.

Gagne graduated from Mines and went on to spend a career in software development. Today, he is an Entrepreneur in Residence at the university. He serves as a consultant for start-up companies. But he never fully lost touch with Ragsdale. The two stayed friends over the years and continued to work on the project, adjusting the program and learning as they went. Ragsdale ended up writing a long, unpublished thesis on his market theory before he passed away in 2021 at 72 years old.  Before he died, he worked with Gagne to launch the student project.

“It’s been an intellectual curiosity that began as a side-hustle and has evolved into something much bigger,” says Gagne.

Coming Full Circle

 In the fall of 2021, Gagne shared the software that he and his wife Holly developed as college students, nearly 30 years prior, with a new team of Mines students. Gagne sponsored the team’s work and challenged them to use modern tools like artificial intelligence and data analytics to delve into decades of cattle market data and enhance the original program.

The goal was to make the software more robust to better predict commodity prices when outside factors drive the market off its normal course.

If I know what the value should be in the future, what happens when something like mad cow disease, or widespread drought, or widespread flooding occurs, all these things can send the market into arbitrage,” says Gagne. He tasked the students to build software that could better predict what to do when the market gets wacky.

“We twisted and tuned this data and tried to look at it in new ways to see anomalies or patterns that we think are tradable in the future.”

The team of students spent a full year working on the project. “The computational complexity was enormous,” says Baumeister.

The team overcame challenges such as filtering out noise in the data to get to the heart of the information needed to predict the markets and homing in on key variables that make the most impact to commodity process. They ran their model using historical numbers and worked on many iterations of the program until it could most accurately predict the known outcome.

By the end of the year, the team developed two different computer models to help make better commodities trades. One examines historic trends to help determine the risk versus reward analysis. The other, a predictor model, calculates the best times to buy and sell.  “We developed a tool to help play the commodities trading game a little bit better and to get some edge over the competition,” says Baumeister.

The project is ongoing. Baumeister, Reff and Borman have all graduated and began their careers, but they will be briefing a new team of students in the Fall of 2022 to help launch the next phase of the project. “I was very pleased, these students are all going to different jobs, but they are willing to come back and help the next team take up the next phase,” says Gagne.

In the coming semester, the new team will rebuild the model and then work on a sensitivity study to understand which of the 187 variables carry the most weight in the model.  They will run more historical market data through the model to see how it performs over time, and they will build in indicators as the model runs that will check when the animal might be over or under valued.

Mines faculty members who oversee computer engineering senior research projects are pleased with the progress. “As a sponsor, Todd provided years of data, support, and a good story,” says Brian Butterfield, a lecturer of computer science and engineering at Mines. “These students took advantage of the opportunity by applying their skills in data science and data analysis to advance the work. I appreciate watching what emerges by providing students with the framework to build something and gain real world experience.”

— South Dakota Mines

Missouri state legislative session recap

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JEFFERSON CITY, Mo. — Coming into the 2022 legislative session, MCGA had several key priorities. Despite congressional redistricting battles and countless other hot political topic issues that brought progress to a crawl, MCGA was able to get several priority bills across the finish line.

Eminent Domain: One major accomplishment this session included eminent domain reforms to further protect farmers’ property rights. Although this legislation does not stop the Grain Belt Express project that has been in the works for several years, it does place many restrictions on future electric transmission projects impacting agricultural land. Some of the key reforms are:

  • Just compensation for agricultural and horticultural lands to be set at 150% of fair market value.
  • Requires condemning authority to engage in good faith negotiations for an amount no lower than 150% of the appraised value.
  • Requires Missouri to receive an amount of electricity from the project proportional to the amount of line running through Missouri.
  • Requires a farmer who has been engaged in farming for a minimum of 10 years within the county affected to be appointed to the commission which assesses damages from the project.

Gov. Mike Parson signed this much-needed legislation into law during the Missouri Cattlemen’s Steak Fry in Sedalia June 11. It takes effect Aug. 28, 2022. Thank you to MCGA members who made their voices heard on this issue to help protect the future of farming in Missouri.

Agriculture Omnibus: Agriculture tax credit programs have spurred investment in rural areas and bolstered markets for farmers for many years. Chief among these tax credits are those offered through the Missouri Agriculture and Small Business Development Authority (MASBDA), which has a record of giving back more dollars to the state than what is invested. Unfortunately, these programs (which include the Meat Processing Tax Credit and New Generation Cooperative Tax Credit) expired last year. Recognizing the necessity for these programs, MCGA quickly worked closely with other ag organizations to push for the renewal of these programs and obtain a six-year extension through 2028. Due to other political hot button issues unrelated to MASBDA, the extensions were shortened to two years, which MCGA and other ag groups feel is inadequate for new and pending projects. However, this two-year extension does provide a solid starting point to pick up the issue again and fight for further extensions in the next legislative session. Also included are tax credits for ethanol and biodiesel retailers currently set to expire in 2024. The bill now sits on the governor’s desk.

Biofuels Infrastructure Improvement Program (BIIP): Another big win for MCGA this session was the $4 million secured in the state budget for the Biofuels Infrastructure Improvement Program (BIIP). This program helps fuel retailers update their infrastructure, such as tanks and blender pumps, to accommodate higher blends of biofuels. This funding, along with the remaining $700,000 from last year, will be an asset to bolstering biofuel availability in Missouri.

— MCGA

Perils of partition – the forced sale of land (part 1)

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COLUMBUS, Ohio — One of the more common ways that farm families involuntarily lose farmland is through partition. Under Ohio law, any person that is a co-tenant (co-owner) of real estate has partition rights.  Essentially, partition rights allow a co-tenant to force the other owners to buy them out or force the land to be sold. Partition is a harsh, but arguably necessary, right of every co-tenant of real estate. With proper planning, partition can be avoided.

Partition law is codified in Section 5307 of the Ohio Revised Code. A partition is initiated by a co-tenant filing a petition for partition with the common pleas court. A partition must be filed in the county in which the real estate is located. Any co-tenant, even one owning a small percentage of the real estate, may file the partition. The petition is very similar to filing a lawsuit and all co-tenants are served notice the petition. All defendant co-tenants are provided an opportunity to respond to the petition.

After all co-tenants have been served and had an opportunity to respond to the petition, the court will appoint a commissioner. The role of the commissioner is to essentially oversee the petition process on behalf of the court. The partition commissioner is permitted to physically divide the real estate if the property can be divided without the loss of value. Due to the unique nature of farmland and the variation within each parcel, administrators rarely will physically divide the land. Instead, the commissioner will usually decide to sell the land at auction and divide the sale proceeds among the owners. The first step in selling the land is to obtain the value of the land by appraisal.

After the value of the property is established, each party will be given an opportunity to buy the land at the appraised value. If no party wishes to purchase, the land will be ordered sold by the court. The land may be sold at sheriff’s sale but the parties usually agree to sell the land at public auction. The one issue that the feuding co-tenants can usually agree upon is that they are likely to get a better price at an advertised auction rather than a sheriff’s sale. The land must bring at least 2/3 of the appraisal price at auction. After the land is sold, the proceeds are divided among the co-tenants in proportion to ownership.

The reason that partition law is a necessity is that Ohio law provides very little guidance to co-tenants as to how to manage their co-owned real estate. For example, Ohio law implies that unanimous consent must be obtained in the management of real estate. Therefore, one co-tenant holding a minority ownership percentage can prevent the land from being leased or sold. Ohio law solves this issue by providing partition rights. Basically, the law says that if the co-tenants cannot resolve their differences, then any one of them can force sale the land and divide the proceeds. Partition is necessary because the law seeks to allow individuals to divest themselves of any asset they may own. Without partition, a person could be forced to own real estate that they may not want to own and/or do not receive financial benefit.

Consider the following example. Amy, Bob and Charlie inherit a farm from their parents. Amy and Bob want to lease the land to a neighbor farmer but Charlie insists he is going to farm it.  Charlie has no experience farming, and Amy and Bob know it will end up in a disaster if Charlie gets his wish. Any potential tenant that Amy and Bob consider is contacted by Charlie and told the farm is not for lease. Amy and Bob get frustrated and decide to file a partition because they are tired of dealing with Charlie and do not think they will get a fair, financial benefit from the farm if Charlie is the operator. The court orders the farm sold, and Amy, Bob and Charlie share the proceeds.

The risk of partition is not limited to just the initial family members who may own the land. Any future owner also has the same partition rights. Spouses, children and anyone else who may  become a co-tenant can force a partition.

Using the same scenario as above, assume Amy dies. Her parents assumed that Amy’s share of the farm would go to her children (their grandchildren), but Amy never got around to doing an estate plan. So, under Ohio law, everything goes to her husband, Dale. Dale has no attachment to the farm and just sees dollar signs now that he is a 1/3 owner of the farm. Dale quickly files for partition and forces the sale of the land so he can have money to buy the boat he has always wanted.

This example illustrates how easy it is for someone to become a co-tenant and gain partition rights. Deaths, divorces, and poor business and estate planning can allow someone to become a unexpected and unwanted co-tenant. Partition law does not care how long farmland has been in the family or how vital it is for a farming operation. Partition law treats a city lot that has been owned for a few months the same as a 1,000-acre farm that has been in the family five generations. Partition can lead to harsh results that should be avoided if possible.

With proper planning, partition can be averted. In the next installment, the various strategies to prevent partition will be discussed.

See the prior blog post “Ohio Case Illustrates the Risk of Leaving Farmland to Co-Owners” by Peggy Hall for a discussion of a Madison County case and the perils of partition.

— Robert Moore, Attorney and Research Specialist, OSU Agricultural & Resource Law Program
Ohio State University CFAES

BASF’s e3 Sustainable Cotton program celebrates record grower enrollment

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RESEARCH TRIANGLE PARK, N.C. — BASF’s e3 Sustainable Cotton program, the first transparent and traceable cotton supply chain, has announced unprecedented growth. More than 900 growers enrolled in the program by registering cotton bales from their 2021 growing season, a 25% increase in enrollment from the previous year.

“We are very encouraged by the growth we saw this year,” said Rachel Walters, BASF Regional Grower & Channel Marketing Manager Seeds. “The e3 Cotton program adds value for growers, the environment and the end user, and our enrollment numbers prove the future is bright for the sustainable cotton industry.”

Growers who are part of the e3 Sustainable Cotton program commit to tracking eight sustainability measures on all eligible cotton acres, ranging from water use and pesticide management to soil conservation and greenhouse gas emissions reduction. Through a series of digital platforms, the cotton they grow can be traced from an individual cotton bale in their field, all the way to the end consumer.

“I’m excited to join the e3 cotton program to further the efforts of sustainable cotton, and I’m always looking for ways to be a better steward of the land,” said Chris King, Stoneville grower and first-time e3 cotton program member from Georgia.

Earlier this year, the e3 Cotton program announced a collaboration with the United Nations’(UN) hosted Conscious Fashion and Lifestyle Network for a series of convenings in New York City throughout 2022 and 2023. e3 will join industry stakeholders, United Nations representatives and news media to explore how the fashion and lifestyle industries are uniquely positioned to collaborate and engage on the Sustainable Development Goals.

To learn more about the e3 Sustainable Cotton program, visit www.e3cotton.us.

e3 is a registered trademark of BASF.
© 2022 BASF Corporation. All rights reserved.

About BASF’s Agricultural Solutions division

Farming is fundamental to provide enough healthy and affordable food for a rapidly growing population while reducing environmental impacts. Working with partners and agricultural experts and by integrating sustainability criteria into all business decisions, we help farmers to create a positive impact on sustainable agriculture. That’s why we invest in a strong R&D pipeline, connecting innovative thinking with practical action in the field. Our portfolio comprises seeds and specifically selected plant traits, chemical and biological crop protection, solutions for soil management, plant health, pest control and digital farming. With expert teams in the lab, field, office and in production, we strive to find the right balance for success – for farmers, agriculture and future generations. In 2021, our division generated sales of €8.2 billion. For more information, please visit www.agriculture.basf.com or any of our social media channels.

About BASF

BASF Corporation, headquartered in Florham Park, New Jersey, is the North American affiliate of BASF SE, Ludwigshafen, Germany. BASF has more than 16,700 employees in North America and had sales of $25.9 billion in 2021. For more information about BASF’s North American operations, visit www.basf.com/us.

At BASF, we create chemistry for a sustainable future. We combine economic success with environmental protection and social responsibility. Around 111,000 employees in the BASF Group contribute to the success of our customers in nearly all sectors and almost every country in the world. Our portfolio comprises six segments: Chemicals, Materials, Industrial Solutions, Surface Technologies, Nutrition & Care and Agricultural Solutions. BASF generated sales of €78.6 billion in 2021. BASF shares are traded on the stock exchange in Frankfurt (BAS) and as American Depositary Receipts (BASFY) in the U.S. Further information at www.basf.com. 

–BASF Corporation

Oklahoma Farm Bureau legislative review

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OKLAHOMA CITY — After the COVID-19 pandemic disrupted the 2020 and 2021 legislative sessions, lawmakers were back to business as usual in 2022 during the second regular session of the 58th Oklahoma Legislature, running from the first Monday in February to the last Friday in May.

With restrictions lifted and long-awaited building renovations complete, the marble floors of the state Capitol played host to a seemingly endless stream of foot traffic from legislators, staff and visitors from around the state.

Oklahoma Farm Bureau and its members had a strong presence at 23rd and Lincoln throughout the 2022 legislative session. In addition to the efforts of OKFB’s public policy team, nearly a dozen county Farm Bureaus took time off the farm and made the trek to Oklahoma City to advocate for farmers and ranchers at the state Capitol.

With thousands of bills available for consideration this year, OKFB was proud to walk away with victories in several priority areas for Farm Bureau members.

Medical Marijuana

Oklahoma’s medical marijuana industry took the state by storm after the passage of State Question 788 in 2018. With more than 8,000 medical marijuana grows in Oklahoma, the industry has had a significant impact on agriculture and rural Oklahoma. From illegal activity to concerns with herbicide spray drift, Farm Bureau members sought clarity on potential liabilities and improved communications with medical marijuana growers around them.

One of the highlights of the 2022 legislative session was the passage of SB 1737 by Sen. Blake Stephens and Rep. Kenton Patzkowsky, which requires all commercial medical marijuana growers to post signage outside their operation and requires them to register with the Oklahoma Department of Agriculture, Food and Forestry as an environmentally sensitive crop. Signage requirements include listing the official license number and valid contact information for the licensee.

Before the passage of SB 1737, many farmers and ranchers had difficulty determining if a neighboring operation grew marijuana and, if so, finding valid contact information for the operation’s ownership to have on hand in case of emergencies or before applying herbicides. This bill will help Farm Bureau members tremendously in the spirit of being good neighbors.

Cracking down on illegal marijuana activity was a high priority for OKFB members coming into the 2022 session. SB 1543 by Sen. Greg Treat and Rep. Jon Echols establishes the Oklahoma Medical Marijuana Authority as a standalone entity, giving the agency greater freedom in both managing legal marijuana activity and investigating and prosecuting illegal activity.

OKFB also worked with lawmakers to pass legislation that creates a tiered fee structure for marijuana grower licenses, increases penalties for illegal activities, revokes medical marijuana licenses in the instance of improper use and establishes a moratorium on issuing new licenses until OMMA completes all pending licenses, inspections and investigations.

OKFB began the 2022 legislative session tracking dozens of medical marijuana bills. While not all were signed into law, OKFB is pleased with those that did and will continue working on behalf of Farm Bureau members as legislation re-emerges in future sessions.

Landowner Advocacy and Private Property Rights

OKFB has long opposed increases to ad valorem taxes and all forms of county zoning authority. Property tax increases are often considered to help increase governmental budgets, but they unfairly affect farmers and ranchers as they often have a great amount of land and capital – some of which does not always generate a profit.

Early in the 2022 session, OKFB helped defeat two county zoning bills, including SB 1182 by Sen. Dave Rader and HB 2990 by Rep. Carol Bush. Both bills would have allowed counties to create and enforce regulations, codes or policies so long as a state law on the same topic did not exist. This expansion of county authority could have caused significant uncertainty for farmers and ranchers in rural, unincorporated areas of Oklahoma. HB 2990 failed in committee, and SB 1182 was never considered, due in part to the strong opposition from an OKFB-led coalition.

In 2021, Farm Bureau members expressed concern with ad valorem valuation protests by energy companies and the strain it placed on school budgets. When a taxpayer – whether individual or corporation – protests their assessed ad valorem taxes, the protested funds go into escrow during the negotiation process. The money tied up in escrow is therefore not available for use by local school districts who often rely on ad valorem revenue for their operating budgets.

OKFB and lawmakers engaged in multiple discussions on ad valorem protests with the desire to speed up lengthy negotiations while preserving a taxpayer’s right to reasonably protest ad valorem assessments. HB 3901 by Rep. John Pfeiffer and Sen. John Michael Montgomery and HB 2627 by Rep. Dick Lowe and Sen. John Michael Montgomery will assist in protest negotiations by speeding up the scheduling process and removing third-party assessors from negotiations.

OKFB also saw legislation on personal property taxes emerge during the 2022 session. Current Oklahoma statute directs county assessors to tax unmanufactured farm products like stored hay and grain. SB 192 by Sen. Brent Howard and Rep. John Pfeiffer will remove this section of statute after stakeholders on both sides agreed little revenue would be lost as many counties were not assessing value on the reported items.

Rural Infrastructure

Farm Bureau members strongly support the expansion of high-speed broadband internet and quality mobile phone service in rural areas of the state. As technology advances both at home and on the farm, access to high-speed internet is crucial to continued prosperity in rural Oklahoma.

In many instances, telecommunications companies aiming to expand to rural areas often request the usage of preexisting utility poles owned by rural electric cooperatives, resulting in disagreement and debate between the two entities on usage fees and guidelines. This year, the legislature passed HB 3835 by Rep. Ryan Martinez and Sen. Brent Howard, which sets a formula for maximum pole attachment fees. It also incentivizes communications companies to bring broadband internet to underserved areas by lowering the fee to $1 for the first four years.

Two additional advancements on the rural broadband front include the passage of HB 3363 by Rep. Charles McCall and Sen. Greg Treat to establish the Oklahoma Broadband Office and HB 1123 by Rep. Logan Phillips and Sen. Roger Thompson, which appropriates $2 million from statewide pandemic relief funds to assist in broadband mapping around the state.

For Farm Bureau members, legislative work does not stop with the end of the session. Throughout the summer and fall, OKFB will continue to work hand-in-hand with its grassroots members during the policy development season to ensure farmers and ranchers can continue producing food, fuel and fiber for the world.

Top Legislation Monitored by OKFB

Bill Number Author(s) Subject Status
HB 1123 Rep. Logan Phillips
Sen. Roger Thompson		 Allocates $2 million of statewide recovery fund for rural broadband mapping Signed by governor
HB 1512 Rep. Dell Kerbs
Sen. Roland Pederson		 Gives ODAFF sole regulation of agricultural structures Signed by governor
HB 1682 Rep. Dustin Roberts
Sen. David Bullard		 Exempts all livestock employed in support of a family and owned by an out-of-state resident from ad valorem assessment Signed by governor
HB 2179 Rep. Scott Fetgatter
Sen. Jessica Garvin		 Creates tiered medical marijuana licensing fee structure Signed by governor
HB 2627 Rep. Kenton Patskowsky
Sen. John Michael Montgomery		 Removes third-party assessors from ad valorem protest negotiations Signed by governor
HB 2990 Rep. Carol Bush Gives county assessors authority to create assessment districts and other sales and property tax zones Failed in committee
HB 3208 Rep. Rusty Cornwall
Sen. Lonnie Paxton		 Gives OMMA authority to establish moratorium on medical marijuana licenses Signed by governor
HB 3363 Rep. Charles McCall
Sen. Greg Treat		 Establishes the Oklahoma Broadband Office Signed by governor
HB 3530 Rep. David Hardin
Sen. Darrell Weaver		 Creates revolving fund for county sheriffs to enforce medical marijuana laws Signed by governor
HB 3835 Rep. Ryan Martinez
Sen. Brent Howard		 Sets formula for pole attachment fees for expansion of rural broadband Signed by governor
HB 3901 Rep. John Pfeiffer
Sen. John Michael Montgomery		 Requires ad valorem protests to be scheduled for conference within 20 days of posting by county assessor Signed by governor
SB 192 Sen. Brent Howard
Rep. John Pfeiffer		 Removes unmanufactured farm products from personal property tax assessment Signed by governor
SB 1182 Sen. Dave Rader Gives counties with more than 50,000 people the authority to create rules and regulations not prohibited by state law Was not considered
SB 1261 Sen. Brent Howard
Rep. John Pfeiffer		 Limits liability for herbicide spray drift Was not considered by House
SB 1367 Sen. Lonnie Paxton
Rep. David Hardin		 Increases penalties for illegal marijuana activity Signed by governor
SB 1543 Sen. Greg Treat
Rep. Jon Echols		 Establishes OMMA as a standalone agency Signed by governor
SB 1704 Sen. Lonnie Paxton
Rep. Dick Lowe		 Authorizes license revocation for illegal marijuana activity Signed by governor
SB 1737 Sen. Blake Stephens
Rep. Kenton Patzkowsky		 Implements medical marijuana signage requirements and registration to ODAFF’s sensitive crop registry Signed by governor
SB 1809 Sen. Jessica Garvin
Rep. Brad Boles		 Allows landowners to hunt animal predators on their property at night with a headlight to protect livestock and agricultural property Signed by governor