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Indiana Agricultural Law Foundation March 2014 Issue
InAgLaw Hdr

Considerations in Land Application Leases

Make sure your land application agreements have all the information needed to protect your farm. The Indiana Department of Environmental Management (IDEM) regulates how, when, where, and how much manure can be applied to land for regulated farms. Confined feeding operations (CFOs) are required to submit a manure management plan to IDEM when applying for CFO permits. 327 Ind. Admin. Code. § 19-7-5. That plan must include the procedures for soil and manure testing, maps outlining manure application, and a land application acreage requirements waiver, if applicable.

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Brianna J. Schroeder

Brianna J. Schroeder
Plews Shadley Racher & Braun

Ag Trespass and Farm Protection

Farms and their economic viability are often harmed by trespassers. A remedy is needed to protect the private property rights of Indiana farmers. Removing the posting burden to enforce trespassing laws is a long-standing Indiana Farm Bureau policy. SEA 101, authored by Sen. Travis Holdman (R-Markle) would do just that. Indiana farmers will not be required to post “no trespassing” signs to protect the production areas of their farms. If a trespasser commits an intentional act that causes property damage, it could result in additional penalties, depending on the amount of damage caused. Furthermore, the bill adds causing property damage to an agricultural operation to the existing crime of institutional criminal mischief. The provisions of SEA 101 provide a greater deterrent effect for those who intend harm to the property owner or his business. The bill passed the House with no amendments and has been returned to the Senate.

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 Amy Cornell

Amy Cornell
Indiana Farm Bureau, Inc.

From the Director

Thank you for subscribing to the IALF Spotlight newsletter. We hope you will find the content useful and relevant. If you have any questions about the IALF or would like to support our mission, please contact John Shoup via email at or telephone at 317-692-7801.

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Over the next year, we will explore the various aspects of agricultural leases.  Our April issue will focus on equipment leases.

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