Considerations in Land Application Leases
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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
Plews Shadley Racher & Braun
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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
Indiana Farm Bureau, Inc.
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From the Director
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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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