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Farmland preservation and landowner rights remain core priorities for Ohio Farm Bureau and its members. Over the past 20 years, the state has lost more than 1 million acres of farmland, and as Ohio continues to be a hotspot for development, Ohio Farm Bureau is working on all fronts to protect family farms and Ohio’s No. 1 industry. Recently, staff provided interested party testimony on two pieces of legislation that would have direct impact on land use, private property rights and energy development. 

House Bill 170

Before the Senate Energy Committee, staff testified on House Bill 170, which establishes guardrails around carbon capture and sequestration at the state level. While the bill would help increase domestic demand for corn through ethanol plants, there is also a need for clear guidelines to protect landowners as development takes place. 

“Our policy seeks to protect landowner rights, minimize environmental and land risks wherever possible, ensure fair compensation, and establish sound regulations that treat all interested parties equitably,” said Evan Callicoat, Ohio Farm Bureau director of state policy.

Introduced by Reps. Bob Peterson and Monica Robb Blasdel, HB 170 would establish surface use agreements for carbon capture projects to ensure landowners have defined terms. The bill also includes a 70% unitization threshold, helping limit forced participation and better protect private property rights. It also requires that any damage to drainage infrastructure during the sequestration process be properly remediated by the developer. 

OFBF policy supports these provisions and emphasized that, if passed, the carbon capture process would better balance development with landowner protection. 

Watch Callicoat’s testimony

Senate Bill 219

Ohio Farm Bureau also recently provided interested party testimony to the Ohio House Natural Resources Committee on Senate Bill 219, legislation that updates Ohio’s oil and gas laws.

While the organization appreciates changes to the bill that maintain road use maintenance agreements as a good-faith agreement between local governments and companies to ensure proper road maintenance, OFBF staff raised concerns about other changes in the bill that raised concern to farmers and rural communities.

Within current law, orders from the chief of the Division of Oil and Gas Resources Management at ODNR can override negotiations. Changes in this bill, however, would allow companies to comply with the chief’s order without adhering to any previous promises outlined in private lease agreements, even if those terms do not conflict with the order. This would not only lead to uncertainty for landowners but also diminish the value of negotiated lease agreements. 

Senate Bill 219 would also reduce the statute of limitations of oil and gas leases from 21 years timeframe down to six. In the decision of Browne v. Artex, a case Ohio Farm Bureau supported, it was established that oil and gas leases should be treated consistently with other property agreements, and OFBF is opposed to this change as it would shorten the timeframe for property owners to assert their rights and does not reflect the long-term nature of these agreements. 

Watch Callicoat’s testimony

Across both bills, Ohio Farm Bureau reinforced that development can provide economic opportunity, but must be balanced with strong protections for landowners and Ohio agriculture.