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Many of the issues Farm Bureau tackled in 2005 are still around awaiting another look in 2006. Farm Bureau government affairs staff members shared an overview of the top legislative issues the organization will tackle next year at a "Key Legislative Updates" seminar during the 87 ^th annual meeting.

The commercial activity tax (CAT), eminent domain and drainage topped the list. Government affairs staff members provided a brief historical background on each topic, then discussed what they see happening next year. (Delegates to the meeting took action on these issues. (See story on page 1, Delegates set OFBF policy for 2006.)

Rocky Black, OFBF director of legislative affairs, discussed the CAT. "The CAT excludes 95 percent or more of Ohio farmers," he said. The tax on sales above $1 million are .026 and the tax is being phased in over five years. To help offset the CAT, now there is a 21 percent personal income tax reduction in effect, Black said.

He also encouraged members to visit the OFBF Web site, www.ofbf.org, for CAT information.

Nan Still, OFBF director of ag law information, gave an update on eminent domain, a topic that received increased attention after the U.S. Supreme Court decision in the Kelo v. New London case.

Still explained that in the Kelo case, a city decided it wanted revitalization in a specific neighborhood and formed a private development corporation to handle the transaction. "Basically it wanted to get the land through eminent domain, turn it over to the development corporation and end up in the hands of private people," she said.

She said the U.S. Supreme Court took cases decided in the past and pulled together those decisions to arrive at the Kelo decision, which said private land can be taken for a public purpose that has an indirect public benefit. With this decision "There is no more federal argument. It has been turned over to the states and will be a state-by-state issue now," she said.

Ohio recently passed a moratorium on eminent domain until Dec. 31, 2006. A task force is going to be appointed, and agriculture will have a seat at the table, she said. The task force is charged with finding a viable plan that will benefit the most people.

Larry Gearhardt, OFBF director of local affairs, added that 72 agencies in Ohio have power of eminent domain, including railroads, libraries and park boards. "It’s high time we rein in the power of eminent domain," he said.

Gearhardt went on to present information on drainage challenges in the state. Despite a statewide drainage conference that Ohio Farm Bureau organized this year and the issue being a top priority of the organization, "There’s not a lot we can do about (drainage) under current law."

To really make a dent in drainage problems, Gearhardt said a study is needed of how much drainage tile, ditches and catch basins are located in the state. He encouraged delegates to approve policy to allow OFBF to work with Soil and Water Conservation at the Ohio Department of Natural Resources to study the issue. He also suggested a task force is needed to study the benefits of petition ditches.

Several challenges exist in drainage issues, including how county-by-county drainage issues are addressed. Some counties work through the county engineer and some work through their local SWCD. Also, county commissioners are often reluctant to approve petition ditch projects because benefits need to exceed costs and the benefits are sometimes hard to quantify.

Another issue arises when drainage is a problem between two landowners. He said drainage issues often aren’t fixed because people don’t have the wherewithal to go to court.

Recently, county governments were given authority to adopt drainage regulations. House Bill 25 allows counties to tie drainage regulations to building permits. Senate Bill 115 also permits counties to adopt drainage regulations. Gearhardt said counties have been slow to pick up either bill.

"If you want to help drainage in your county, get involved with your county officials," he said.