Is a cash farm lease right for you?
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Leasing farmland involves many considerations and options for payment of the rental fee. Regardless of the type of farmland lease, it is advisable to have a written lease. A written lease provides a historical and legal record of the agreement. The process of writing a lease encourages negotiation of key terms and conditions to clear up any misunderstandings between the parties. For example, a written lease allows the parties to clearly specify a lease term and that no notice is required to terminate. Also, items like the rights of heirs upon the death of a party and lease payment dates can be specifically stated.
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John Shoup
Indiana Agricultural Law Foundation, Inc.
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IALF to Support Livestock and Poultry Farmer Outreach
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The Indiana Agricultural Law Foundation partnered with Indiana Farm Bureau and several agricultural commodity organizations to develop an outreach program to help farmers reduce challenges to proposed construction or expansion of livestock or poultry farms. The program, titled “Before You Build a Livestock Barn,” involves meeting with farmers considering construction to answer their questions and provide information based upon the experience of working with other farmers. The goal is that farmers will use the information to make wise decisions regarding siting, permitting, zoning approvals and neighbor relations that will reduce legal challenges to the farm. In the event that a farmer is sued, information is provided to help navigate the legal process.
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Justin Schneider
Indiana Farm Bureau, Inc.
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Oregon Right to Farm case - chemical drift theory
By John Shoup
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The Oregon Court of Appeals has thrown out a lawsuit that challenged the constitutionality of Oregon’s Right to Farm statute. Much like Indiana’s Right to Farm law, the Oregon statute protects farmers from litigation involving nuisance claims arising from standard agricultural practices.
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Our content
Over the next year, we will explore the various aspects of agricultural leases. Our January issue will focus on farmland share leases.
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The IALF is a charitable organization established by Indiana Farm Bureau, Inc., to promote better understanding of legal issues facing the agricultural community.
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