Ag Opportunities Volume 19, Number 6 June 2008 What Should I Do When Mother Nature Ruins My Fences? by Joe Koenen, Agricultural Business Specialist Putnam County This winter and spring has caused many challenges for rural landowners here in Missouri. They have included ice, tornados, wind and floods along with the long winter we've had. All of these problems Mother Nature has dealt us have had an adverse effect on fences in many areas of the state. Let's discuss what you can (and can't) do when repairing or replacing fences along a property line in particular. Many landowners in our state are facing the problem of repairing boundary fences (between 2 or more neighbors) as well as water gaps too, sometimes on a regular basis this spring. Some of the key questions that may arise as a result of this are: 1) Can I go onto my neighbor's property in order to remove tree limbs or repair my water gap? From a legal standpoint, Missouri's fence law provides that you may go onto your neighbor's land to repair a boundary fence. That would include removing anything that is obstructing it such as brush, trees, etc. However, it must be obstructing the fence in order for you to have the authority to do that. I would also suggest contacting the neighbor before doing that if there's any way to reach them letting them know what you plan on doing. 2) Who has the responsibility for taking care of the water gaps? I have heard several things on this over the years such as the person downstream is responsible for them to we split them 50 -50. Neither of those has any basis in the law either. Water gap maintenance is determined by which portion of the fence the water gap is on (assuming you both own livestock in the general law counties). 3) Can't we just put up a "hot wire" fence and be done with it? The potential problem with putting up a high tensile or 2-strand electric or other type of fencing is that while you and your current neighbor may agree to that, it doesn't qualify as a legal fence in most cases and so you may have to replace it with a "legal" fence later on if a landowner changes and the new one doesn't agree to that. 4) Where do we locate a new fence when we're replacing an old one? In some cases the fence may be in bad enough shape or non-existent so that it needs to be replaced completely. Some other issues come up when we have to replace the fence completely. This may be the most complicated question we've discussed so far. The easiest answer would hopefully be put it in the same place where it was. However, that can cause a couple of other issues. Was the old fence on the exact property line? If it wasn't, will both parties agree to move it there (and can you agree that the new line is the right line)? Land surveys today are much more accurate than they were years ago but they're not always in agreement and have changed over the years (different spots). If the fence has been in its current location for a long time, one party may refuse to move it citing adverse possession. Adverse possession is a legal term that says if a fence has served as a boundary for 10 or more consecutive years and no one has argued otherwise, it can become the legal boundary. In order to move that fence to a different location if one neighbor refuses citing that, a court would have to rule on it and that is expensive (hiring an attorney, etc.). 5) We need to remove the brush along where the fence will be put, can I just doze the old fence and the brush out? If both parties own livestock (assuming we're in a general law and not a local option law county where it would automatically apply), then first off you both are equally responsible for the fence. In order to remove what's left of an existing fence or doze out the line, you must both agree to that because you both own and undivided 100% of the fence. Second, tradition in Missouri says 10 feet on both sides of the line can be cleared to put in a new fence. However, a tradition is not the law. I do suggest that the 10 feet is common sense and will avoid problems with the fence later on but if a neighbor just refuses, then you can't remove trees or brush that are not obstructing the fence line. The "sticky" issue is that if the neighbor does not want the fence taken out, you cannot legally take out any of it (unless only one of you has livestock in a general law county). 6) I've just decided to put a fence 10 feet inside my property line and not hassle with the neighbor. While you can certainly do that, you and your neighbor will then want to put something in writing on both deeds to avoid potential adverse possession claims down the road. Hopefully this answers a few of the most common questions being asked right now. You can get a copy of the University Extension guide on fence law at http://extension.missouri.edu/explore/agguides/agecon/g00810.htm or at your local Extension Office in your county. Specific fencing and boundary questions can be directed to your local county extension office. Remember that this information is for educational purposes and is not intended to be a substitute for competent legal advice. ********************************************************************** Qualified Beef Tax Credit Program By Darla Campbell, Agribusiness Specialist, Schuyler County Since I've had several producers in my office inquiring about this program, I thought I would write about it. The purpose is to provide Missouri beef cattle farmers with an economic incentive to background and/or finish Missouri born and raised qualified beef cattle in the state. The program is administered by the Missouri Agricultural and Small Business Development Authority out of Jefferson City. Prequalified Missouri beef producers are eligible to receive a ten cent per pound incentive on weight gains for 200 pounds or greater than the baseline weight of cattle sold in previous years. The incentive is in the form of Missouri State Tax Credits. You are eligible if you are a resident of the state, or you own/rent agricultural property and whose main place of business is Missouri and you are subject to tax imposed by chapter 143 or 147 RSMo. Qualifying beef animal means any animal that can be verified with written birth records as being born in Missouri after August 28, 2008 and was raised and backgrounded and/or finished in this state by a Missouri taxpayer and no more than 30 months of age as verified by written birth records. Animals' primary purpose must be for the production of beef, not breeding and can include male dairy calves. Qualified animals can be purchased as long as they meet the program requirements. The animals must be age and source verified through traceable animal production records and the records used must either be a USDA approved Quality System Assessment or Process Verified Program. Records must indicate the date of birth of the animal in question and have a unique identification system that can go with each animal through each qualifying and subsequent qualifying sale. Qualifying sale simply means the first time a beef animal is sold after being backgrounded and then subsequent sales are after the 1st sale with the requirement the animal weights are greater than the prior sale. Age and source verification must be done prior to the 1st qualified sale. The baseline weight mentioned above is the average weight in the past three years of all beef animals sold that are thirty months of age or younger, sorted by sex. This baseline will be established by copies of all scale tickets and/or sales receipts of all Qualified Beef Animals 30 months of age or less, sold during the immediate past three years by sex; and year-end financial statements for each of the same three years. The baseline weight will then be effective for three years before another one will have to be established. If you have less than three years of these records, then averages can be used based on sales reported by the Missouri Department of Ag Market News Service as divided into your respective geographical area in the state. There are applications on-line for this program at the Missouri Department of Agriculture's website, http://www.mda.mo.gov. Applications should be submitted to MASBDA (Missouri Agricultural Small Business Development Authority) between January 1 and August 1, 2008 along with an application fee of $50. Three million in Qualified Beef Tax Credits are available per fiscal year which is July 1- June 30. The amount of tax credit claimed can't exceed the liability due for that tax year, but any additional amount can be carried forward to any of the five subsequent taxable years or backwards for three taxable years. Tax credits can be assigned, transferred, sold or otherwise conveyed but MASBDA must be notified of such action. To get more information or an application, contact your local MU Extension office or MASBDA at (573) 751-2129, masbda@mda.mo.gov. ********************************************************************** IN PRINT/ON-LINE *Best Management Practices for Dairy Goat Farmers* is a new publication being made available online from the Wisconsin Dairy Goat Association. The 166-page publication includes chapters on the basics of establishing a goat dairy in Wisconsin, managing milking does, genetics, herd health, facilities, and milking systems. http://www.wdga.org/resources/mkad45.pdf *A Transition Guide to Certified Organic Crop Management* The Ohio State University 74-page guide is designed to explain the rules and realities of organic farming of grains, fruits and vegetables. Topics include steps in the organic certification process, plus Midwest certification agencies; Seed, land use, planting stock, crop rotation and harvesting/handling standards; Pest, weed, disease, crop nutrient and soil fertility management standards; Exemptions, exclusions, record keeping, and allowed and prohibited substances. Copies are $15 each, with checks made payable to OSU/OFFER sent to OFFER Program, 201 Thorne Hall, OSU/OARDC, 1680 Madison Ave., Wooster, OH 44691. *Stress Management for Women Farmers and Ranchers* is a 6-page article that focuses on common stressors experienced by women on family farms and *A Market-Driven Enterprise Screening Guide* a 16-page self-evaluation tool for determining the potential of planting a new crop or beginning a new enterprise. The guide includes a worksheet with 43 questions, which address the topics of marketing, knowledge, production, resources, risk, and priorities. The publication also includes a completed worksheet by a fictitious family farmer that readers may use as a guide. These two new preliminary publications are available from the Small Farm Program. Limited copies of each are available free of charge, by contacting the Small Farm Center, (530) 752-8136 or sfcenter@ ucdavis.edu. *Local Harvest, A Multifarm CSA Handbook* is a 120 page handbook explains in detail the ways in which growers can market their crops directly to consumers in a shared commitment between growers and consumers. It also tells the story of Local Harvest CSA, 2002 to present, through the personal experiences of its authors as growers and employees of Local Harvest, interviews and surveys with Local Harvest's members and staff, and research into the history and philosophy of CSA. Funding for the writing of the book came through the Northeast Region Chapter of USDA-SARE (Sustainable Agricultural Research & Education). The book is available from Scott Franzblau, 603-731-8892, scottfranzblau@gmail.com for a fee of $3 to cover the cost of mailing. *The Organic No Till Organic Gardening Workshop DVD* held in Kansas City on October 27, 2007, featuring Joel Gruver and Patrice Gros is now available on DVDs. Please contact Kansas City Community Gardens for a copy at 816-931-3877 or info-1@kccg.org An offering of a donation is requested. *Organic Crops for Organic Dairies* The CD is a compilation of some of the most up-to-date resources on growing organic field crops, covering everything from technical information to certification requirements, soil amendments, weed management and business tools. A complete index and an online download of the CD's contents may be found at the New York Organic Dairy Initiative's website. Visit: www.organic.cornell.edu and click on "Organic Dairy". *Iowa Meat Processors' Resource Guidebook: A Guide to Building, Upgrading or Expanding a Small Meat Processing Facility* The book is a result of the Small Meat Processors Working Group's discussions, research, and hands-on work with individual meat processors. Iowa Ag Connection reports the guidebook examines areas where small meat processing plants struggle: business planning and feasibility, financing and financial assistance, plant design, plant construction, labor, and government rules and regulations. Go to http://www.ncrcrd.iastate.edu/pubs/contents/RRD189-readonly.pdf *Food Facts: Results from Marketing and Food Systems Research* summarizes the findings of the Leopold Center's research, demonstrations, studies and surveys in this rapidly growing area where food culture, economics and environmental issues intersect. Since 2001, the Leopold Center has invested $1.6 million in 80 projects as part of its Marketing and Food Systems Research Initiative. Users of the new resource will see key findings from work supported by the Leopold Center. The results are categorized by type of project, from food miles and place-based research to research on niche meat markets, transaction costs and various aspects of the grape and wine industry. The resource is designed for use by farmers, food entrepreneurs, local food system practitioners and other researchers. Go to http://www.leopold.iastate.edu/research/marketing_files/food/food.htm ********************************************************************** IN THE NEWS The Farm Service Agency (FSA) grants operating loans to individual rural youth to finance income-producing, agriculture-related projects of modest size in connection with their participation in 4-H clubs, FFA, and similar organizations. Each project must be part of an organized and supervised program of work. The project must be planned and operated with the help of the organization advisor, produce sufficient income to repay the loan, and provide the youth with practical business and educational experience in agriculture-related skills. To apply or learn more about youth loans or other loan programs, please contact your local USDA Service Center: http://www.fsa.usda.gov/FSA/webapp?area=home&subject=fmlp&topic=dfl-yl . Results from an ongoing research project by Iowa State University, funded by the Leopold Center for Sustainable Agriculture, show that Low-external-input (LEI) cropping systems can be productive and profitable. The research project compares two LEI cropping systems with a conventional corn-soybean system. Researchers found that a four-year rotation managed with low levels of synthetic fertilizers and pesticides can match or exceed yield, weed suppression and profitability of a conventionally managed two-year rotation. These results appeared in the May-June 2008 issue of Agronomy Journal. "The results suggest that large reductions in agrichemical use can be compatible with high crop yields and profits," said study coordinator Matt Liebman. (Weekly Harvest Newsletter, May 14, 2008) Oklahoma Food Cooperative announces a new website for its Local Food Cooperative Management System software. Version 1.4.2 of the software has just been released. This software operates on an order cycle. Producers and farmers can log in and add products for sale to their product catalog at any time. During a designated time, cooperative members place orders for available products, and producers coordinate order fulfillment. This online system is available free under the general public license system. It can be downloaded online, but is not a "plug-and-play" system. Go to www.localfoodcoop.org/ (The Community Farm, Spring 2008) The Organic Farming Research Foundation (OFRF) has issued its Request for Proposals for organic research and education projects for Fall 2008 grants. OFRF offers funds for research on any topic that will improve organic production systems, and for education and outreach projects to share organic farming information with current organic producers and to farmers and ranchers considering transitioning their operations to organic. Proposals may request awards of up to $15,000 per year ($20,000 for fruit projects). Multi-year funding will be considered for fruit projects. Proposals are due July 15, 2008. Read more at: http://ofrf.org/pressroom/releases/071116_stretchislandfunding.html ********************************************************************** ON THE CALENDAR June 3-Plant Propagation Workshop, Mountain Grove MO. http://mtngrv.missouristate.edu/homegardeners/ June 5-MO Vegetable Growers Association Farm Tour-Fahreier Farm, Lexington, MO. June 7-Spring/Summer Fruit Field Day, Olathe, KS. Call 913-764-6306. June 18-21-MO Milking Shorthorn Cattle Convention, Branson, MO. Call 608-365-3332. June 20-21-MO Woodland Owners Conference, Courtyard Marriott, Columbia, MO. Contact stelzerh@missouri.edu or 573-882-4444. June 23-Field Day to Focus on Specialty Crops and Extending the Growing Season, Lafayette, MO. Call 573-526-2061. June 26-Bobwhite Quail and Native Plant Field Day, Columbia, MO. Call 573-884-7945 or 573-882-4337. July 26-Walnut Farm Tour, Shamrock, MO. Call 573-882-1402 or email palmh@missouri.edu Aug 1-3-Camelid Community, Kansas City, MO. Call 715-246-5837, bsfugina@pressenter.com Aug 3-5-MO Young Farmers/Young Farm Wives Summer Tour, Kirksville, MO. Call 660-626-1476. Aug. 3-6-Walnut Council Annual Meeting, Columbia, Mo. Contact 573-875- 5341 ext. 233, coggeshallm@missouri.edu or 573-884-1777. Aug 7-17-2008 Missouri State Fair, Sedalia, MO. Aug 15-From Recipe to Reality, Chicago, IL. Call 402-472-2819, http://fpc.unl.edu/Entrepreneur/recipe.shtml Aug 22-23-Management Intensive Grazing School, Novelty, MO. Sept 4-Tomato Festival, Columbia, MO. Call 573-884-7945 Sept 9-Ozark Rain Gardens Field Day, Mountain Grove MO. Email PMayer@missouristate.edu Sept 13-Fall Poultry Fest, Silex, MO. Call 573-485-7261 or 573-384-5859. Oct 18-6th Annual Missouri Chestnut Roast, University of Missouri Horticulture and Agroforestry Research Center, New Franklin, MO. Visit www.centerforagroforestry.org, Rhoadsj@missouri.edu or call 573-882-3234. Oct 31-Nov 1-MO State Beekeepers Conference, Lake Ozark, MO. Call 636-394-5395. Nov 6-8-16th National Small Farm Trade Show & Conference, Columbia, MO. Call 800-633-2535, smallfarm@socket.net, www.smallfarmtoday.com/tradeshow. Dec 4-6-2008 Acres U.S.A. Conference, St Louis, MO. Call 1-800-355-5313 Dec 5-6-Missouri Livestock Symposium, Kirksville, MO, http://missourilivestock.com May 31-June 3-North American Agroforestry Conference, Columbia, MO. http://www.centerforagroforestry.org/events/afta/index.asp ********************************************************************** Field Day Dates Set for MU Ag Experiment Station June 26 - Bradford Research and Extension Center, Columbia; Quail and Native Plant Field Day; Tim Reinbott, 573-884-7945 June 27 - Bradford; Weed and Pest Management Field Day; Kevin Bradley, 573-882-4039 Aug. 7 - Greenley Memorial Research Center, Novelty, Mo.; field day; Randall Smoot, 660-739-4410 Aug. 26 - Graves-Chapple Farm, Corning, Mo.; field day; Jim Crawford, 660-744-6231 Aug. 27 - Hundley-Whaley Farm, Albany, Mo.; field day; Bruce Burdick, 660-726-5610 Sept. 2 - Delta Research Center, Portageville, Mo.; field day; Jake Fisher, 573-379-5431 Sept. 4 - Bradford, Columbia; Tomato Festival; Reinbott Sept. 12 - Southwest Research Center, Mount Vernon, Mo.; field day; Richard Crawford, 417-466-2148 Sept. 18 - South Farm, Columbia; Beef Production Field Day; Bob Weaber, 573-882-5479 Sept. 27 - South Farm, Columbia; Showcase; John Poehlmann, 573-882-4450 Oct. 3 - Wurdack Farm, Cook Station, Mo.; field day; Poehlmann Oct. 18 - Horticulture and Agroforestry Research Center (HARC), New Franklin, Mo.; Missouri Chestnut Roast; Nancy Bishop, 660-848-2268 ********************************************************************** 2008 Grazing Schools June 3-5; Mt Vernon, Southwest Center Grazing School, Southwest Research Center, 417- 466-2148 May 6, 8, 13, 15 (evenings) and May 10 (Saturday daytime); Carthage, MO, Jasper Co. Central Annex #1; Mark Starnes (417)358-8198 ext 3 June 24, 25 & 26 (daytime); Neosho, MO, Crowder College; Dave Whitson (417) 455-9500 or John Hobbs (417) 223-4775 Aug 19, 20 & 21 (daytime); Cassville, MO, First Baptist Church Family Life Center; Tina Mills (417) 847-4309 ext 3 Sep 8, 9, 11, 16 & 18 (evenings) Taneyville, MO; Aaron Hoefer (417) 581- 2719 ext 3 Sep 30, Oct 1 & 2 (daytime); Mt. Vernon, MO, Southwest Center; Richard Crawford or Carla Rathmann (417) 466- 2148 Oct 21, 22 & 23 (daytime); Bois d'Arc, MO, MDC Dalton Shooting Range & Outdoor Education Center; Mark Green (417) 831-5246 ext 3 ********************************************************************** Growing Growers Workshops For more information, call 816-805-0362, email growers@ksu.edu or visit http://www.growinggrowers.org/. There is a small fee for each workshop. June 16-Harvesting and Post-Harvest Handling for Maximum Quality and Nutrition, Osceola, MO July 14-Taste & Nutrition of Local Vegetables, Lawrence, KS Aug 17-Pests, Disease and Weeds, St Joseph, MO Sept 15-Tree Fruit Production, Williamsburg, KS Oct-Business Planning and Management for Small Farms, Kearney, MO Nov-The Organic Certification Process, TBA ********************************************************************** Green Hills Farm Project Farm Walks Green Hills Farm Project welcomes all families to our open farm walks. Always bring your children! Please call ahead to advise the host family of the number attending and to get directions. The host family provides main meat course and drinks. Please bring lawn chairs and covered dish. Come on out and join us for a great time of fellowship and sharing on our farms! Aug 21-Tom & Paula Parker, Richmond, MO at 5pm. Call 816-470-3276. Sept 18-Doug & Diane Peterson, Ridgeway, MO at 5 pm. Call 660-824-4276. Oct 16-Jordan & Anne Bentley, Brookfield, MO. Call 660-412-3399. Nov 22-Ben & Nancy Coleman, Callao. MO. Call 660-768-5743.