AT ISSUE: Landowners claim to have gained legal ownership of an abandoned railroad corridor through their land under the legal theory of adverse possession (exclusive possession of the land for at least 21 years).

FARM BUREAU ACTION: OFBF filed an amicus brief in the successful appeal of the case at the lower level, where the court had ruled, in part, in favor of the landowners. OFBF filed the same at the Ohio Supreme Court.

OUTCOME: In February, the Ohio Supreme Court released a mixed opinion. It ruled in favor of two Farm Bureau families, saying a lower court erred in its ruling that they hadn’t proven they had exclusively possessed portions of the corridor in dispute. But the court rejected the adverse possession claim of a third Farm Bureau family, saying the railroad made it clear to the landowner it was the owner of the property. The court also overturned a precedent that required specific wording in a deed to allow land to revert to the original landowner when the property is no longer used for a specific purpose.

NEXT STEPS: The Ohio Supreme Court ordered Wayne County Common Pleas Court to rehear the adverse possession claims of the two Farm Bureau families. The Ohio Supreme Court was asked to reconsider its denial of adverse possession for the third Farm Bureau family and whether the land reverts to the original landowner if it’s no longer used by the railroad, even if the deed doesn’t spell that out.

UPDATE (May 1, 2018): The Ohio Supreme Court denied reconsideration of the landowners’ claims without further comment. The case will now be returned to the lower court for further proceedings consistent with the opinion issued by the Ohio Supreme Court.

Ohio Farm Bureau membership

To grow a network and gain perspective and knowledge in the industry through personal and professional development has been invaluable. Every day I learn and grow.
Ryanna Tietje's avatar
Ryanna Tietje

Henry County Farm Bureau

Farm Bureau connections
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.
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Matt Aultman

Darke County Farm Bureau

Giving farmers a voice
Farm Bureau is what really got the word out. It’s been one of their goals to get this done.
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Bill and Charlotte Wachtman

Henry County

10-year campaign for safer roads
I could not have done it without the resources I have found through Farm Bureau.
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Gretchan Francis

Trumbull County Farm Bureau

Bringing the farm back to life
Because we are younger farmers just starting out, Farm Bureau has a lot of good opportunities and resources to help us grow in the future.
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Hannah Kiser

Sandusky County Farm Bureau

Farm Bureau involvement
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.
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Chad Ruhl

Farm manager, CSI Insurance

Select Partner Program
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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Mary Smallsreed

Trumbull County Farm Bureau

Advocacy
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