Solar eclipse resources offered to Ohio landowners
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One problem we consistently hear about from Farm Bureau members is trespassing. Unfortunately, the amount of land that farmers have can often times be enticing to those who want to hike, ride ATVs, or just cause trouble. Members also are often concerned about what their liability is in certain situations, if visitors to their property get hurt. Here are five things to know about Ohio’s trespassing and landowner liability laws:
1. Trespassing is a crime under Ohio Revised Code 2911.21, and is typically a fourth degree misdemeanor. Landowners should contact local authorities if they see trespassers on their property, but should not attempt to detain a trespasser themselves.
2. Trespassing can also be the basis of a civil lawsuit. Most civil cases dealing with trespassing are concerned chiefly with recovering damages from trespassers. If landowners are interested in a civil claim, they should contact private legal counsel.
3. Under Ohio law, a person takes on a certain status when they enter the property of another. Depending on why or how the person has entered the property, they may be considered a trespasser, a known trespasser, a licensee/social guest or a business invitee.
4. Whether or not a landowner will be liable for a visitor’s injuries is somewhat dependent on the visiting person’s status. The status determines what duty the landowner owes to that visitor. Liability questions are largely based on the specific facts of the situation.
5. Ohio has created special protection for landowners in certain situations. First is a liability protection when land is opened to the public for recreational uses like hunting and fishing. Another protects landowners when they are using the property for public access to growing agricultural products, commonly referred to as “U-Pick” or “Pick Your Own” type establishments. However, landowners have no protection from liability for injuries that they may cause through intentional, willful or wanton misconduct.
More Landowner Information
For further explanation of these tips and other information on other topics impacting landowners, Ohio Farm Bureau members can log in and download the Landowner Toolkit. Not a member? Join today!
Also, listen to Legal with Leah, a podcast featuring Ohio Farm Bureau’s Leah Curtis discussing topics impacting landowners.
My first recommendation in your journey is to start out with a local farming friend or mentor along with joining an organization like Ohio Farm Bureau.
We’re just so thankful for the Farm Bureau and the foundation for helping put this together. And of course, the Boyert family for the vision they had with this grant. It’s jumping us forward 10 years. It’s unbelievable.
I could not have done it without the resources I have found through Farm Bureau.
It wasn’t until I joined the Wilmington College Collegiate Farm Bureau that I truly saw how my passion could translate into leadership, advocacy and a career.
The issue of property taxation remains as one of the biggest challenges our members face today. Ensuring agricultural property is valued for its agricultural potential and not development is critical to the continued success of Ohio agriculture.
Through the Select Partner program, we became educated in farm insurance and weren't just selling policies. It became more and more clear why farmers need an advocate like Ohio Farm Bureau.
So many of the issues that OFBF and its members are advocating for are important to all Ohioans. I look at OFBF as an agricultural watchdog advocating for farmers and rural communities across Ohio.
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