OFBF Logo
    • Current Location
    • Adams
    • Allen
    • Ashland
    • Ashtabula
    • Athens
    • Auglaize
    • Belmont
    • Brown
    • Butler
    • Carroll
    • Champaign
    • Clark
    • Clermont
    • Clinton
    • Columbiana
    • Coshocton
    • Crawford
    • Cuyahoga
    • Darke
    • Defiance
    • Delaware
    • Erie
    • Fairfield
    • Fayette
    • Franklin
    • Fulton
    • Gallia
    • Geauga
    • Greene
    • Guernsey
    • Hamilton
    • Hancock
    • Hardin
    • Harrison
    • Henry
    • Highland
    • Hocking
    • Holmes
    • Huron
    • Jackson
    • Jefferson
    • Knox
    • Lake
    • Lawrence
    • Licking
    • Logan
    • Lorain
    • Lucas
    • Madison
    • Mahoning
    • Marion
    • Medina
    • Meigs
    • Mercer
    • Miami
    • Monroe
    • Montgomery
    • Morgan
    • Morrow
    • Muskingum
    • Noble
    • Ottawa
    • Paulding
    • Perry
    • Pickaway
    • Pike
    • Portage
    • Preble
    • Putnam
    • Richland
    • Ross
    • Sandusky
    • Scioto
    • Seneca
    • Shelby
    • Stark
    • Summit
    • Trumbull
    • Tuscarawas
    • Union
    • Van Wert
    • Vinton
    • Warren
    • Washington
    • Wayne
    • Williams
    • Wood
    • Wyandot
  • Join
  • Renew
  • Login
  • OFBF Calendar Icon
  • OFBF Search Icon
  • About Us
    • What is Ohio Farm Bureau?
    • News Room
    • Podcasts
    • Job Postings
    • Farm to Table
    • Nationwide Insurance
    • All Ohio Agriculture
  • Membership
    • Membership Overview
    • Ohio Farm Bureau Membership
    • Benefits
    • Business Solutions
    • Ag Intelligence Service
    • Membership Auto-Renew
    • Group Membership
    • Tools and Resources
    • FAQ
  • Advocacy
    • Advocacy Overview
    • 2026 Priority Issues
    • 2026 Elections
    • Ask Our Experts
    • All Advocacy
  • Community
    • Community Overview
    • County Farm Bureaus
    • Event Calendar
    • Young Ag Professionals
    • Youth in Agriculture
    • Grants
    • All Community
  • Foundation
    • Foundation Overview
    • Scholarships
    • Scholarships Criteria
    • Make a Gift
    • Legacy Giving
    • Meet our Board
  • Shop
  • OFBF Calendar Icon
  • OFBF Hamburger Icon
    • About Us
      • What is Ohio Farm Bureau?
      • News Room
      • Podcasts
      • Job Postings
      • Farm to Table
      • Nationwide Insurance
      • All Ohio Agriculture
    • Membership
      • Membership Overview
      • Ohio Farm Bureau Membership
      • Benefits
      • Business Solutions
      • Ag Intelligence Service
      • Membership Auto-Renew
      • Group Membership
      • Tools and Resources
      • FAQ
    • Advocacy
      • Advocacy Overview
      • 2026 Priority Issues
      • 2026 Elections
      • Ask Our Experts
      • All Advocacy
    • Community
      • Community Overview
      • County Farm Bureaus
      • Event Calendar
      • Young Ag Professionals
      • Youth in Agriculture
      • Grants
      • All Community
    • Foundation
      • Foundation Overview
      • Scholarships
      • Scholarships Criteria
      • Make a Gift
      • Legacy Giving
      • Meet our Board
    • Shop

    Email Successfully Sent

  • Home
  • All Articles
  • Legal Update: Important legal clarity gained for Farm Bureau members
  • Article

    Legal Update: Important legal clarity gained for Farm Bureau members

    Leah Curtis | Posted on

    June 29, 2017



    legal with leah

    Ohio Farm Bureau staff continues to stay involved in legal issues that affect Farm Bureau members, especially as it involves property rights and the use of eminent domain throughout the state. Many of the cases OFBF has recently been involved with have resulted in settlement or dismissal before making it to the Ohio Supreme Court, a good result for the individuals litigating while still establishing key legal foundations for the future. Below is a round-up of recent decisions:

    Case: Kinder Morgan v. PDB Farms, et al., Wood County

    At Issue: Eminent domain concerning Kinder Morgan’s Utopia pipeline project.
    FB Action: Filed an amicus brief supporting landowners in both trial and appellate courts.
    Status: After landowners secured a trial court victory, the pipeline company dismissed its appeal.
    Outcome: The Wood County trial court’s ruling that the pipeline was not for a public use and could not use the power of eminent domain was left in place. Precedent was set in Wood County.

    Case: BC South LLC v. Hon. Judge Knece, Pickaway County

    At Issue: Columbia Gas Co. had sought to acquire property from a Farm Bureau member‑family for a pipeline that will feed a tissue paper manufacturer locating in Pickaway County.
    FB Action: Wrote a brief supporting the landowners who have argued that this is not a public use, a requirement for eminent domain in the appellate court, and a brief supporting a Writ of Prohibition, filed when the lower court judge attempted to move forward with the compensation, despite a pending appeal.
    Status: The Ohio Supreme Court granted an immediate stay of proceedings while the writ is pending at the court.
    Outcome: The stay granted by the Ohio Supreme Court was an important action to ensuring the landowner’s rights were respected in this process. The parties have since settled this litigation, resulting in a favorable outcome for the landowner.

    Case: Schultheiss v. Heinrich Enterprises, Washington County

    At Issue: An appellate court had ruled an oil and gas lease had expired due to lack of production and the acceptance of domestic gas did not extend the lease.
    FB Action: Supported case with an amicus brief at the Ohio Supreme Court.
    Status: Supreme Court ruled it shouldn’t have heard the case in the first place.
    Outcome: The 4th District Court of Appeals decision, which found the lease did expire and the domestic gas production did not affect the lease’s status, stays in place. This important decision will be binding in an appellate district that has a significant amount of oil and gas litigation.

    Case: Koprivec v. Rails to Trails, Wayne County

    At Issue: Landowner claims to have gained legal ownership of an abandoned railroad corridor through his land under the legal theory of adverse possession.
    FB Action: Filed an amicus brief in the successful appeal of this case at the lower level, where the court had ruled, in part, in favor of the landowner. Filed the same at the Ohio Supreme Court.
    Status: Ohio Supreme Court has held oral arguments.
    Outcome: Pending

    New and beginning farmers
    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.
    Greg McGlinch's avatar
    Greg McGlinch

    Darke County Farm Bureau

    Growing Tomorrow Grant
    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.
    Nathan and Jill Parriman's avatar
    Nathan and Jill Parriman

    Clermont County Farm Bureau

    Bringing the farm back to life
    I could not have done it without the resources I have found through Farm Bureau.
    Gretchan Francis's avatar
    Gretchan Francis

    Trumbull County Farm Bureau

    Youth pathways in 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.
    Wyatt Morrow's avatar
    Wyatt Morrow

    Clinton County Farm Bureau

    Giving farmers a voice
    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.
    Matt Aultman's avatar
    Matt Aultman

    Darke County Farm Bureau

    Select Partner Program
    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.
    Chad Ruhl's avatar
    Chad Ruhl

    Farm manager, CSI Insurance

    Advocacy
    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.
    Mary Smallsreed's avatar
    Mary Smallsreed

    Trumbull County Farm Bureau

    Suggested Tags:
    Eminent DomainLandowner RightsOil and Gas

    Featured Articles

    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
    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
    View All Articles
    View All Articles
    OFBF Logo
    Navigate
    • About Us
    • Membership
    • Advocacy
    • Community
    • Foundation
    • Shop
    Resources
    • Contact Us
    • Staff and Board Directory
    • Job Postings
    • Privacy Policy & Terms Of Use
    • Advertise With Us
    • County Farm Bureaus
    Membership
    • Join
    • Login
    Get In Touch

    Got questions or feedback?
    We'd love to hear from you.

    • Facebook Icon
    • X Icon
    • Linkedin Icon
    • Instagram Icon
    • Youtube Icon
    • TikTok Icon

    Ohio Farm Bureau Federation is a member of American Farm Bureau Federation®, a national organization of farmers and ranchers including Farm Bureau® organizations in 49 other states and Puerto Rico, and is responsible for Farm Bureau membership and programs within the State of Ohio. Ohio Farm Bureau Federation programs and services are available only to Farm Bureau members within Ohio. The political views expressed in these pages represent Ohio Farm Bureau Federation's positions on various issues as they relate to Ohio. The positions of the national Farm Bureau organization collectively are expressed through American Farm Bureau Federation. Any opinions, statements or views expressed through comments or by outside contributors are the express views of those individuals and do not necessarily represent the views of the Ohio Farm Bureau Federation.

    OFBF Logo
    • Facebook Icon
    • X Icon
    • Linkedin Icon
    • Instagram Icon
    • Youtube Icon
    • TikTok Icon
    Navigate
    • About Us
    • Membership
    • Advocacy
    • Community
    • Foundation
    • Shop
    Resources
    • Contact Us
    • Staff and Board Directory
    • Job Postings
    • Privacy Policy & Terms Of Use
    • Advertise With Us
    • County Farm Bureaus
    Get In Touch

    Got questions or feedback?
    We'd love to hear from you.

    Ohio Farm Bureau Federation is a member of American Farm Bureau Federation®, a national organization of farmers and ranchers including Farm Bureau® organizations in 49 other states and Puerto Rico, and is responsible for Farm Bureau membership and programs within the State of Ohio. Ohio Farm Bureau Federation programs and services are available only to Farm Bureau members within Ohio. The political views expressed in these pages represent Ohio Farm Bureau Federation's positions on various issues as they relate to Ohio. The positions of the national Farm Bureau organization collectively are expressed through American Farm Bureau Federation. Any opinions, statements or views expressed through comments or by outside contributors are the express views of those individuals and do not necessarily represent the views of the Ohio Farm Bureau Federation.

    County

    Join

    Account

    Search