Applications for Ohio Farm Bureau Health Plans now available
Members have three ways to apply: contacting a certified agent, calling 833-468-4280 or visiting ohiofarmbureauhealthplans.org.
Read More
Few laws are as reviled by landowners as the power of eminent domain. Farmers believe the government’s ability to take private property is an authority best used infrequently, said Leah Curtis, OFBF’s director of agricultural law.
“Generally we would oppose the government’s taking of farmland,” Curtis said while explaining Farm Bureau policy in a recent “Legal With Leah” podcast.
Government is empowered to take private property if it’s for “a public use.” And what is a public use? “That’s always the tricky question,” she said.
The definition of public use has been broadened to go beyond traditional uses such as roads, rail lines or utility pathways. Courts have ruled that in some cases, economic development also qualifies. If a government agency determines that a property would generate more taxes or a higher quality of life for the community, then that is also a basis for appropriating land. That power is limited; OFBF participated in an eminent domain overhaul that put restrictions on this type of taking under Ohio law.
In some cases, businesses can be granted the authority to take land. “Some private companies can use the power of eminent domain if they are putting in things like utilities that are generally going to benefit the rest of the community or the public at large,” Curtis said.
Pipeline construction in many parts of Ohio has landowners calling Farm Bureau for advice. Curtis said not all pipeline companies have the authority to do eminent domain. Questions over exactly which firms can use the power are currently being litigated in Ohio courts, and Farm Bureau is monitoring those cases.
Curtis said Farm Bureau policy on land takings is clear. “We would prefer that the government or anybody using eminent domain first try to purchase that property at a fair market price. And, generally we do oppose taking property for private use.”
In challenging a taking, the starting point often is to assess the necessity of the project. “Is this really needed, is this really going to be for a public use? That’s going to be the main issue the court is going to look at.”
Farm Bureau can help members understand the eminent domain process and point them to experienced legal counsel.
Curtis’ advice on whether landowners should get a lawyer involved early on: “Always.”
More Landowner Information
For further explanation of eminent domain and more information on other topics impacting landowners, Ohio Farm Bureau members can log in and download the Landowner Toolkit. Not a member? Join today!
Get the full list of landowner topics covered in the toolkit, with tips blogs for each in Ohio Farm Bureau’s Legal Information Series.
Also, listen to Legal with Leah, a podcast featuring Ohio Farm Bureau’s Director of Ag Law Leah Curtis discussing topics impacting landowners.
Plus, hear a Town Hall Ohio panel discussion of various private property rights.
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.
Featured Articles
Barn quilt contest celebrates century farms
Eligible farm and ranch families have the opportunity to share their story for a chance to receive a custom handcrafted barn quilt recognizing their century operation. Enter by Jan. 31, 2027.
Read More
Farm safety vs. risk management: What’s the difference and why it matters
Farm safety and risk management are deeply interconnected, forming the foundation of a resilient and sustainable operation.
Read More
Ohio Farm Bureau applauds Gov. DeWine dyed diesel executive order
The executive order waives state penalties and suspends discretionary enforcement related to the use of dyed diesel on public highways through Dec. 31, 2026.
Read More
Growing our Generation: Representing Ohio in Charlotte
Maggie Preston, Lincoln Deitrick and Denver Davis describe their role in agriculture, their Farm Bureau involvement and what it means to win their respective state awards.
Read More
Legal with Leah: Changes to Fuel Taxes and Dyed Diesel Regulation
Associate General Counsel Leah Curtis breaks down the changes to Ohio’s fuel tax, recent guidance on dyed diesel and what farm families need to know.
Read More