Agribusiness and Farming
Farming is Often a Family Business
Farming is often a family business passed down through multiple generations. This is why it is important to have experienced legal advisors who can protect the family's business and help to ensure its future. Our team counsels farm owners about their real estate leases, business succession plans, employment issues, water agreements, real estate purchase agreements, regulatory complexity, equipment purchases, and more.
Our attorneys counsel agribusiness professionals who work in various aspects of farming operations, including crop production and distribution, farm equipment manufacture and sales, biofuel production, and forestry management.
Implementing Farm Succession Plans
We assist agribusiness and farming clients with succession planning for the gradual transfer of management of the farm from one generation to the next, as well as inheritance planning to determine the legal transfer of farm assets from one generation to the next. Assets often include land, buildings, machinery, livestock, crops in storage, and supplies.
Real Estate Purchase Agreements
Our attorneys are experienced in drafting and executing real estate purchase agreements that outline the terms and conditions of the purchase, ensuring that all aspects of a transaction are legally binding and fit the parameters set by each party. We help to execute legal document that protects your interests and your business holdings.
Farm Leases
The lease defines the rights between the landlord and the tenant, and outlines how the landlord/tenant relationship will function. Competition and growing costs accelerate the need to sign a written lease that documents the responsibilities of both the farm owner and the lessee. A lease is a legally enforceable contract that allows the owner of real property, equipment, and/or livestock to convey the right to use that property to a person in exchange for rent. Typically a lease lasts for a longer period of time than a rental agreement.
The Current Agricultural Use Valuation ("CAUV") Program
Our attorneys are versed on the Current Agricultural Use Valuation ("CAUV") Program of the Ohio Revised Code. The program allows farmland devoted exclusively to commercial agriculture to be valued based on its value in agriculture, rather than the full market value, resulting in a lower tax bill for farmers and property owners.
Attorney Contacts:
- Ryan M. Gembala
- Dennis M. O'Toole (for CAUV Program)
Enforcement of the Perishable Agricultural Commodities Act
The Perishable Agricultural Commodities Act (PACA) establishes a code of fair-trading practices covering the marketing of fresh and frozen fruits and vegetables in interstate and foreign commerce.
Companies that operate without a valid PACA license are subject to fines for each offense and for each day the offense continues. Court injunctions can be issued against those who continue to operate without a license.
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