Share Facebook Twitter Google + LinkedIn Pinterest By Peggy Hall, Asst. Professor, Agricultural & Resource Law, Ohio State UniversityHere’s our gathering of recent agricultural law news you may want to know.Case highlights value of Ohio’s Grain Indemnity Fund The recent prosecution and guilty plea of a grain handler who withheld $3.22 million in proceeds from grain he sold on behalf of 35 farmers in northern Ohio illustrates the value of Ohio’s Grain Indemnity Fund. The farmers had received approximately $2.5 million in reimbursement from the fund, which protects farmers from grain handlers who become insolvent. Though the fund, a farmer is reimbursed 100% for open storage grain in the elevator and 100% of the first $10,000 of a loss for future contracts, delayed price and basis transactions, with 80% reimbursement beyond the first $10,000 of loss. The grain handler, Richard Schwan, must now reimburse the fund and pay additional amounts to the farmers and the state. For more about the Grain Indemnity Fund, read our previous post. North Carolina nuisance lawsuits against hog farmsA jury decision on June 29, 2018 awarded $25.13 million to a couple living next door to a 4,700 head hog farm in North Carolina owned by a subsidiary of Smithfield Foods. The award included $25 million in punitive damages. The apparent reason for the jury’s significant punitive damage award is Smithfield’s failure to finance and utilize new technologies that could reduce the impacts of current anaerobic lagoon and spraying application technologies. This is the second successful verdict in the second of many nuisance lawsuits filed by over 500 neighbors of hog farms owned by Smithfield. North Carolina legislature reacts to nuisance winsIn response to the first two jury awards against Smithfield, the North Carolina legislature adopted new restrictions on nuisance lawsuits against farm and forestry operations. The legislation requires that a nuisance suit be filed within a year of the establishment of an agricultural or forestry operation or within a year of a “fundamental change” to the operation, which does not include changes in ownership, technology, product or size of the operation. The bill also limits the awarding of punitive damages to operators with criminal convictions or those who’ve received regulatory notices of violation. North Carolina Governor Roy Cooper vetoed the bill, but the legislature successfully overrode the veto. Court upholds Iowa Right-to-Farm lawThe Iowa Supreme Court declined a request to declare the Iowa Right-to-Farm law facially unconstitutional for exceeding the state’s police power. The court concluded that the Right-to-Farm law, which protects animal feeding operations that are in compliance with applicable laws and utilizing generally acceptable agricultural practices from nuisance lawsuits, falls within the legislature’s police power but could be unconstitutional as applied to a particular situation. However, such a determination requires application of a three part test and extensive fact finding by the court. Read more on Honomichl v. Valley View Swine, LLC here from Iowa State’s Center for Agricultural Law and Taxation. IRS reveals the new Form 1040It’s not quite post card size, but the IRS claims that its draft of the revised Form 1040 is about half the size of the current form. The agency unveiled the draft form, which it intends to be shorter, simpler and supplemented with applicable schedules, and is seeking comments from the tax community. The new form, when complete, will replace the 1040, 1040A and 1040EZ. Ohio legislation on the moveA flurry of activity at the Statehouse followed the lengthy re-election of a new House speaker that had stalled legislation this spring. Several bills have now been signed by Governor Kasich and a few bills have passed through one or both houses, as follows. Plugging idle and orphan oil and gas wells A bill we reported on back in January, H.B. 225, was signed into law on June 29, 2018. The new law provides an increase, from 14% to 30%, in funding for plugging unused oil and gas wells. Landowners can report an idle or orphaned well to the Chief of the Division of Oil and Gas Resources, who must then inspect the well within 30 days and prioritize how soon the well should be plugged and the land surface be restored. The Chief’s duty to find prior owners and legal interests in the well is limited to records less than 40 years old. The law also includes procedural changes for entering into contracts for restoration or plugging of wells. Tax appealsOne provision in H.B. 292 allows a party to appeal a decision of the Board of Tax Appeals directly to the Supreme Court if it concerns a final determination of the Tax Commissioner or a municipal corporation’s income tax review board. This reverses a recent change that removed the Supreme Court option for such appeals. The act also removes a provision that allowed a party to file a petition requesting that the Supreme Court take jurisdiction over an appeal from the Court of Appeals, which the Supreme Court was authorized to do if the appeal involved a substantial constitutional question or a question of great general or public interest. Governor Kasich signed the legislation on June 14, 2018. Hunting and fishing licensesS.B. 257 creates multi-year and lifetime hunting and fishing licenses for residents of Ohio and allows the Division of Wildlife to offer licensure “packages” for any combination of licenses, permits, or stamps. The law also establishes the “Lake Erie sport fishing district,” consisting of the Ohio waters of Lake Erie and its tributaries. Nonresidents must obtain a $10 special permit to fish in the Lake Erie sport fishing district from January 1 to April 30, with the fees earmarked specifically to benefit Lake Erie. The legislation received the Governor’s signature on June 29, 2018. High volume dog breedersNew standards addressing sustenance, housing, veterinarian care, exercise and human interaction for dogs bred for sale in high volumes are in H.B. 506, signed by the Governor on June 29, 2018. Dogs on patiosH.B. 263, which we wrote about previously, has passed both the House and Senate. The bill allows retail food establishments and food service operations to permit customers to bring a dog into an outdoor dining area if the dog is vaccinated. The establishment must adopt a policy requiring customers to control their dogs and keep their dogs out of indoor areas. The bill just needs a signature from Governor Kasich to become effective. Alfalfa productsH.R. 298 was adopted by the House on June 7, 2018. The resolution recognizes the existence of two alfalfa products, direct dehydrated alfalfa and sun-cured alfalfa, as defined by the Association of American Feed Control Officials. The resolution further calls on alfalfa processors and suppliers use the defined terms in their labeling. A companion resolution in the Senate remains in committee. Township lawsA number of changes affecting township authority are in H.B. 500, which unanimously passed the House on June 27 and was introduced in the Senate on July 5. Of most consequence to agriculture are proposals to broaden township zoning authority over agricultural activities in platted subdivisions and authority for townships to impose fees for zoning appeals.
Share Facebook Twitter Google + LinkedIn Pinterest Mostly sunny skies statewide today and we expect a warmer afternoon. South winds will develop though the day which will fuel the warmer surge. Clouds will be on the increase tomorrow, but for the time being, we think that we stay rain free. Thursday, a few scattered showers dance through Ohio, but they really don’t have much available moisture to send our way, at least through the daytime hours. Coverage will only be 25%, and we can see clouds mix with sunshine in areas that do not get an isolated shower or two. Moisture really ramps up Thursday night. Rain and thunderstorms Thursday night through Friday end up hitting 70% of the state with totals in a wide range, from .1”-1. The heavier totals will be largely dependent on thunderstorms. The weekend looks pretty nice, at least for 90% of the time. We are partly to mostly sunny Saturday, and then sunshine starts Sunday before clouds increase. Scattered showers develop over the western half to third of Ohio Sunday evening and continue through the overnight. Moisture totals once again do not look that impressive, at a few hundredths to .3”, but we really don’t need anymore moisture! Scattered showers linger over 60% of Ohio Monday, bringing an additional quarter of an inch or less. Strong south winds arrive for next Tuesday and will bring in much warmer air. This air will lead to an increase in instability and provide fuel for a significant thunderstorm outbreak Tuesday night. Sun will be followed increasing clouds Tuesday, also signaling a big change. Rain and thunderstorms come in Tuesday night and continue through Wednesday. Rain totals look to be from 25″-1″ with 90% coverage. Thursday turns out partly sunny but turn cooler. The map at right shows 10 day cumulative rainfall potential. The extended period still has rain for Friday the 24th, mostly in the afternoon and evening. Totals will be from .2” to .5” and coverage will be 80%. We are dry for the start of the Memorial Day weekend Saturday and Sunday. However, Memorial Day itself now looks wet, with rain and thunderstorms for Monday the 27th, and those run right into Tuesday the 28th. Rain totals run from half to 2” and we expect 100% coverage for the event. Finally, we end the extended period with a partly sunny, dry day for Wednesday the 29th.
In this video tutorial by MacBreak Studio, Steve and Mark show us how to work with proxies in FCPX.Ever have trouble editing files that are too big for your computer to handle? One solution would be going out and buying a really expensive computer, but that can get rather pricy. A better solution would be to use a proxy to edit your footage.Proxies are lower resolution place-holder footage designed to minimize strain on your computer. However, creating them requires just a little technical know-how. Thankfully Steve and Mark of MacBreak Studio have created a quick tutorial explaining how to use proxies in FCPX. The video covers:Working with ProxiesCopying proxies to the correct foldersTurning off/on proxy editing in the timeline This video was first shared by the awesome guys out at MacBreak Studio. You can check out all 200+ FCP tutorials on the Pixel Corps YouTube channel. Thanks for sharing guys!Know of any other great uses for proxies? Share in the comments below.
Suresh Kalmadi ‘s decision of not contesting elections comes exactly two years after the end of the 2010 Delhi Commonwealth Games which was hit by a series of corruption cases even before the start of the Games.Despite being arrested and spent some time in jail, Kalmadi had refused to step down from the post of president though he had written to the IOA acting chief V K Malhotra that he would not be involved in the day-to-to affairs for some time.This, however, did not stop the IOC from putting pressure on the IOA to remove Kalmadi and the world body, in a series of letters, said that it would send an election observer to monitor the polls as there was confusion on his status.Just a few days back, the IOC had asked the IOA to immediately suspend Kalmadi, along with his close aides in the CWG Organising Committee Lalit Bhanot and V K Verma till the disposal of the court cases against them. The world body had said that Kalmadi should also not be allowed to contest the IOA elections.With Kalmadi deciding not to seek re-nomination in the elections, the contest is likely to be between Indian Boxing Federation Chairman Abhay Chautala and incumbent IOA Secretary General Randhir Singh.Clean Sports India, a body fighting for corruption-free sports in the country, welcomed Kalmadi’s decision not to contest elections.”It is a welcome decision. We have been fighting for this. It is the beginning of a new era. The sports reforms can now be taken to its logical end,” B V P Rao, CSI convenor, said.He said former sportspersons should come into sports administration and start a new era.Kalmadi has been a Member of Parliament from 1982. He began his career with National Defence Academy and has been a flying instructor at Indian Air force team at NDA and has also participated in Indo-Pak war in 1965 and 1971 as an Air Force pilot.advertisementSuresh Kalmadi spent over a year in prison on corruption charges related to CWG scam.Kalmadi’s decision of not contesting elections comes exactly two years after the end of the 2010 Delhi Commonwealth Games which was hit by a series of corruption cases even before the start of the Games.Despite being arrested and spent some time in jail, Kalmadi had refused to step down from the post of president though he had written to the IOA acting chief V K Malhotra that he would not be involved in the day-to-to affairs for some time.This, however, did not stop the IOC from putting pressure on the IOA to remove Kalmadi and the world body, in a series of letters, said that it would send an election observer to monitor the polls as there was confusion on his status.Just a few days back, the IOC had asked the IOA to immediately suspend Kalmadi, along with his close aides in the CWG Organising Committee Lalit Bhanot and V K Verma till the disposal of the court cases against them. The world body had said that Kalmadi should also not be allowed to contest the IOA elections.With Kalmadi deciding not to seek re-nomination in the elections, the contest is likely to be between Indian Boxing Federation Chairman Abhay Chautala and incumbent IOA Secretary General Randhir Singh.Clean Sports India, a body fighting for corruption-free sports in the country, welcomed Kalmadi’s decision not to contest elections.”It is a welcome decision. We have been fighting for this. It is the beginning of a new era. The sports reforms can now be taken to its logical end,” B V P Rao, CSI convenor, said.He said former sportspersons should come into sports administration and start a new era.Kalmadi has been a Member of Parliament from 1982. He began his career with National Defence Academy and has been a flying instructor at Indian Air force team at NDA and has also participated in Indo-Pak war in 1965 and 1971 as an Air Force pilot.
Five-time world champion Viswanathan Anand played out his third draw on the trot, signing peace with reigning world champion Magnus Carlsen of Norway in the third round of Sinquefield Cup, a part of the Grand Chess Tour.Although he was never under any serious danger, Anand was pushed to defend an endgame.With three draws from as many games, Anand would need to post some victories if he intends to finish on the podium.The opening was a Ruy Lopez and the Graz variation was a surprise for Anand. Carlsen has seldom employed the opening set up and Anand decided not to venture in to sharp tactical tussle.The Norwegian equalised easily and then in his typical ways exerted pressure in the rook and minor piece endgame.Anand even lost a pawn on the 40th move but the game was always within the boundaries of a draw. The peace was signed after 66 moves.The other matches also resulted in draws.Maxime Vachier-Lagrave of France had Russian Peter Svidler on the ropes but missed out on his chances, while Wesley So of United States could not force matters with his extra pawn against compatriot Hikaru Nakamura.The other American, Fabiano Caruana, was under some pressure against Ian Nepomniachtchi of Russia but then he decided not to press.In the other game of the day, Levon Aronian of Armenia and Sergey Karjakin of Russia decided to split a point a bit early.As a result of this drawn melee, the overnight standings remained unchanged, and Carlsen, Vachier-Lagrave and Caruana continued to be ahead on two points from three games. Anand, Wesley So, Nakamura, Karjakin and Aronian share the fourth spot on 1.5 points, a half point ahead of Peter Svidler who, in turn, has a half point more than Nepomniachtchi.advertisementWith six rounds still to go in the 10-player round-robin tournament, the battle is only going to heat up from the next round when the spectators can hope for decisive games once again.Results (Round 3): Viswanathan Anand (Ind, 1.5) drew with Magnus Carlsen (Nor, 2); Maxime Vachier-Lagrave (Fra, 2) drew with Peter Svidler (Rus, 1); Fabiano Caruana (Usa, 2) drew with Ian Nepomniachtchi (Rus, 0.5); Wesley So (Usa, 1.5) drew with Hikaru Nakamura (Usa, 1.5); Sergey Karjakin (Rus, 1.5) drew with Levon Aronian (Arm, 1.5).