4266 Tuller Road
Dublin, OH 43017
News + Events
Friday, June 19, 2009
PUCO Has Exclusive Jurisdiction Over Issues Relating To Trees On Private Property In Utility Easements-
The Ohio Supreme Court ruled on June 4 in Corrigan v. Illum. Co.,(Slip Opinion No. 2009-Ohio-2524) that an electric company’s right to remove a tree located on a homeowner’s property but within the utility’s easement is a service-related issue subject to the exclusive jurisdiction of the Public Utilities Commission of Ohio (PUCO). It appears now that homeowners who want to prevent the pruning or removal of a tree by a utility in the utility’s easement will have to file an action with the PUCO and not the common pleas court to prevent such an action.
Thursday, June 4, 2009
In December of 2008, the U.S. Department of Labor published new regulations for the H-2A program, which allows the entry of nonimmigrant foreign workers in the U.S. for temporary agricultural work. The new H-2A regulations became effective on January 17, 2009. However, the new regulations were challenged in the U.S. Federal Court for the District of Columbia.
As a result of that court challenge, the U.S. Department of Labor issued a final rule on May 29 suspending the new H-2A regulations that went into effect on January 17 of this year. The May 29 final rule suspension also reinstates the prior H-2A regulation. The rule suspension will become effective this coming June 29 and any employer needing workers should file applications prior to June 29 to be considered under the new H-2A regulations that will be suspended on that date. Employers filing H-2A applications on or after June 29 will have their applications considered under the prior, reinstated H-2A regulations.
Click here to read the FAQ from The U.S. Department of Labor.
Monday, June 1, 2009
Ohio Revised Code Section (R.C.) 119.12 is the administrative appeals statute and states in part, “Any party desiring to appeal shall file a notice of appeal with the agency setting forth the order appealed from and the grounds of the party’s appeal.” The Ohio Supreme Court recently held in Medcorp, Inc. v. Ohio Dept. of Job & Family Servs., 2009-Ohio-2058, that notices of appeal filed pursuant to R.C. 119.12 are now required to “identify specific legal or factual errors.” The previous practice of using the boilerplate language (a restatement of the standard of appellate review) that the “order is not supported by reliable, probative, and substantial evidence, and is not in accordance with law” is no longer acceptable.
The Court, in a 4-3 decision, focused on the “the grounds of the party’s appeal” language. The Court held that the previous practice of using the boilerplate language did not comply with the “grounds of the party’s appeal.” The Court’s ruling raises the standard of satisfying the language in R.C. 119.12 for filing notices of appeal and such notices now will have to identify the specific legal or factual errors or risk being dismissed.
Friday, March 6, 2009
There are probably few words that have a more negative connotation in the farm business world as bankruptcy. Often seen as giving up or quitting, farmers often try to avoid bankruptcy at all costs as they pride themselves on their independence and self-reliance. However, Chapter 12 bankruptcy is not for quitters. In fact, it is designed for those family farms that are willing to keep fighting to keep their farm going despite being severally financially stressed.
Tuesday, March 3, 2009
Farmers wanting to preserve their farmland through the Clean Ohio Agricultural Easement Purchase Program can file the 2009 application with the Ohio Department of Agriculture now.
Applications have to be submitted to the ODA by May 11, 2009 by 5:00 p.m. Click here for application forms and tools to assist in the application process.The ODA’s Office of Farmland Preservation can also be reached by phone at 614-728-6210.
Thursday, February 19, 2009
2008 Farm Bill Implication and Decisions Meetings
Speakers include:
Dr. Carl Zulauf, Professor of Agriculture Economics, The Ohio State University
The 2008 Farm Bill has given producers the choice of a traditional farm program suite or a new ACRE farm program suite. This presentation will discuss the new ACRE revenue program and important questions that producers need to consider as they make this choice in today's highly volatile market environment.
Robert Moore, Wright Law Company, LPA
The 2008 Farm Bill made several significant changes to Farm Service Agency Programs and in particular to payment limitation rules. This presentation will discuss these changes and how best to ensure compliance with the FSA rules through tax analysis, business structuring, and farm operation.
3/18/2009 - 9:00 a.m. to 12:00 p.m. - The Lighthouse, 10055 US Rt. 224 W., Findlay, OH 45840
3/19/2008 - 1:00 p.m. to 4:00 p.m. - Knights of Columbus, 8440 State Route 47, Versailles, OH 45380
3/23/2009 - 9:00 a.m. to 12:00 p.m. - All Occasions Catering 6989 Waldo-Delaware Road, Waldo, OH 43356
3/23/2009 - 6:00 p.m. to 9:00 p.m. - Muskingum County Welcome Center, 205 N. Fifth Street, Zanesville, OH 43701
3/24/2009 - 9:00 a.m. to 12:00 p.m. - Ross County Fairgrounds, 644 Allen Ave., Chillicothe, OH 45601
3/26/2009 - 1:30 p.m. to 4:30 p.m. - Fisher Auditorium, 1680 Madison Ave., Wooster, OH 44691
These meeting dates/times are fairly secure but not 100% confirmed. Please check back often for more information or call us at (614) 791-9112 with any questions.
Thursday, February 5, 2009
Signup for direct payments and other programs are underway with FSA. Producers are now required to file form CCC-926 which declares the producer’s adjusted gross income and adjusted gross farm income. Some producers are assuming that adjusted gross farm income means “gross revenue”. While this is a logical conclusion, it is not what FSA intends. Adjusted gross farm income is essentially the producer’s net farm income.
Friday, January 15, 2009
Assets purchased, inherited, or gifted from a family member are not eligible for Section 179 accelerated depreciation. For example, if son purchases farm machinery from father, son cannot use Section 179 depreciation on the purchased machinery.
This is just one example of the many tax and legal issues involved with transferring farm machinery and other assets within the family. Retiring farmers often wish to sell their machinery to the next generation as a source of retirement income. However, without careful planning, the retiring family member can unexpectedly incur substantial tax liability
Tuesday, December 30, 2008
USDA-FSA is beginning to release new rules on direct payments. A few of the more significant changes are as follows:
- An increase in base acres of 20% or more allows only one additional payment limitation and not an unlimited number as in the past
- Each partner, stockholder or member of an entity must make active contributions of labor and/or management
- Determination of ownership interest in the farming operation will be June 1 instead of April 1.
- Direct Payments will be directly attributed to each person and only one payment may be received per person, thus eliminating the “three entity rule”.
Friday, June 13, 2008
The Farm Service Agency has announced that payment eligibility and payment limitation rules under the 2002 Farm Bill will remain in place for 2008. Apparently, the delay in passing the Farm Bill will not allow FSA to implement the new rules for this year. Producers should likely sign up for 2008 programs as they have the past few years. I would not suggest making significant business structure changes until the final rules and regulations come out later this year. While the Farm Bill is passed, there likely still remains a significant amount of interpretation to be done by USDA and FSA. Until we know USDA and FSA’s precise interpretations, any business restructuring is risky. For assistance with this program, please contact us by clicking here.
Thursday, May 22, 2008
We are pleased to bring you the latest edition of the Client Advisory Spring-2008 Newsletter. To view a pdf file of this newsletter, CLICK HERE.
Friday, April 25, 2008
We are pleased to announce the arrival of our new website and logo. You have noticed that all of the resources you have come to expect from the Wright-Law.net web site are still available. Please take a look around and explore. Over the next few months, we will focus on updates of the new Farm Bill and its impact on producers in Ohio as well as the regular updates to our publications page. In the meantime, contact us if you have any questions by clicking here.
