Legal with Leah: Open Burning Part 1
Depending on what is being burned and where, there will likely be restrictions from either the Ohio Environmental Protection Agency or possibly the Ohio Department of Natural Resources.
Read MoreOne 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.
Depending on what is being burned and where, there will likely be restrictions from either the Ohio Environmental Protection Agency or possibly the Ohio Department of Natural Resources.
Read MoreThe newly updated Landowner Toolkit was built to give our members the knowledge and tools necessary to manage their land responsibly and productively.
Read MoreUnder HB 397, notice must be given by Sept. 1 to terminate a farm lease, and the lease will terminate at the conclusion of harvest or Dec. 31, whichever comes first.
Read MoreLorain County Farm Bureau recently had success getting some changes made to their CAUV designations, thanks to the help of Ohio Farm Bureau and members taking action.
Read MoreThe Woodland Wednesday workshop series was started in 2020 to address topics related to woodland health and wildlife management in northeast Ohio.
Read MoreConsult with your farm’s team of trusted advisers in drafting your next farm lease. That includes your lender, accountant, attorney and insurance provider.
Read MoreThe Ohio Landowner Hunter Access Partnership provides annual payments to landowners for providing hunting access to their property.
Read MoreWhat are considered noxious weeds in Ohio and what is the landowner’s responsibility in keeping them controlled?
Read MoreLeasing property for hunting and similar outdoor recreation has proven for many to be an attractive option when it comes to generating additional revenue for landowners, while also granting greater access to the outdoors.
Read MoreHB 397 will bring Ohio up to date with many of the state’s Midwestern neighbors who have already created statutory guardrails for farm leases.
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