Part 1: Selling the Family Farm to Developers

  • A former farm field in Central Ohio ready for development. It's an increasingly common sight in this area. This land is right next door to a dairy. Worried about his new neighbors, the farmer is planning to sell. (Photo by Tamara Keith)

In the Great Lakes region, farmland is rapidly being developed into homes, office parks and shopping centers. Nationally, farmland is lost at a rate of more than 9-thousand acres a day. But in order for this development to happen, someone has to sell their land. In the first of a two-part series on farmers and the decisions they make about their land, the Great Lakes Radio Consortium’s Tamara Keith introduces us to some farmers who have made the difficult choice to sell:

Transcript

In the Great Lakes region, farmland is rapidly being developed into homes, office parks
and shopping centers. Nationally, farmland is lost at a rate of more than nine-thousand
acres a day. But in order for this development to happen, someone has to sell their
land. Tamara Keith introduces us to some farmers who have made that difficult choice:


At a busy intersection in a newly suburban area, a red barn and white house sit back
off the road. Lush green pasture land hugs the old farm buildings. But the days are
numbered for this bucolic scene.


(sound of construction)


Across the street dozens of condos are under construction… and farmer Roy Jackson has
put this 216-acre farm in Central Ohio under option for development. As soon as the
developer gets approval to build, Jackson’s farm will be no more.


“I’m a third generation farmer and you put your roots down and to see your land be
developed is something I have seen coming, but to actually see it happen across the
road; it’s a sad thing, but it’s progress.”


Sitting on his front porch, Jackson looks our on a neighborhood where once there were farms.


Jackson: “At one point we farmed over 1500 acres and now we’re down to about 300.”


Keith: “What happened?”


Jackson: “We’ve lost a lot of it to development. In the estate of my mom and dad
we had to sell that to settle the estate and that was part of it as well.”


Like many in agriculture, Jackson didn’t own all the land he farmed. He was leasing
it and when the owner decided to sell for development, Jackson was out of luck. Now
he says there’s not enough land left to farm profitably.


“I have a son that wants to farm with me and to do it here, there just isn’t enough
land to sustain two families and make a living for both.”


So, he’s found a big piece of land down in Kentucky, in an area where land is still
plentiful and development pressures are distant. He’s leasing it with an option to buy.
Soon Jackson and his son will have the cattle ranch they’ve been planning for years.
It just won’t be in the state where his family has farmed for three generations.


(sound of heavy machinery)


Workers operate backhoes to grade the ground in an open field that will eventually
be home to some seven-thousand people in a new development. Retired farmer and
agriculture educator Dick Hummel recently sold a portion of this land, allowing
the project to move forward.


“I had some people critical of me because I was going to sell farmland, but on
the other hand, I really didn’t. I traded. You just have to accept that in this
community because that’s what’s going to happen. That’s what has happened. Plus
the fact, it’s been pretty tough farming and this has given a lot of farmers a
chance to sell some land for some excellent prices.”


Hummel sold about 100 acres of farmland and bought some new land – 77 acres –
farther out in the country. His father had bought what Hummel calls the “home farm”
in 1935, and that family history weighed heavily on Hummel when he was deciding what
to do.


“It was harder to decide to sell that land because it had been in my family for many
generations than it was the agricultural part.”


His father bought the land for 100 dollars an acre and Hummel was able to sell it
for a whole lot more. Asked why he sold, Hummel’s answer is simple.


“The offer. I hadn’t thought about selling at all. I didn’t even know that they
would want any of this particular land ’till all at once there were others that
were selling for a price. I heard about that, and first thing I knew, a heck of
a lot of land in this area was selling. So you compare notes as to prices, et
cetera and so forth, and that’s how it happens.”


Hummel says he wasn’t pressured to sell. He’s well past retirement age, and
he says it was the right decision personally. And such is the case for most
farmers who sell their land for development, says Sara Nikolich, Ohio director
with American Farmland Trust.


“You’ve got acres of farmland that can be sold for 20, 30,000 dollars an acre at times.
For a lot of farmers that’s their retirement they’re sitting on, and when you have
development surrounding you and you don’t have any public policy to promote agriculture
and perhaps you don’t have any heirs, you don’t have any options available to you other
than development.”


And so, the personal decisions of individual farmers are transforming some of the
nation’s rural landscape into suburban landscapes.


For the Great Lakes Radio Consortium, I’m Tamara Keith.

Related Links

A Legal Victory for ‘Rails to Trails’

  • Bicyclists enjoy Minnesota's Cannon Valley Trail. (Photo by Patricia Schmid, courtesy of the Rails-to-Trails Conservancy)

Private landowners say their rights are being trampled on by hikers when the state implements “Rails to Trails” programs. The landowners claim the property should be theirs now that the railroad is finished with the right-of-way. One state recently won the court’s approval to keep its trail intact, including pieces that cross through private property. The Great Lakes Radio Consortium’s Katherine Glover reports:

Transcript

Private landowners say their rights are being trampled on by hikers when the state
implements “Rails to Trails” programs. The landowners claim the property should be
theirs now that the railroad is finished with the right-of-way. One state recently won the
court’s approval to keep its trail intact, including pieces that cross through private
property. The Great Lakes Radio Consortium’s Katherine Glover reports:


Mike Sandberg doesn’t want a public trail going through his backyard.


“Every time anybody goes down it the dogs are barking and I didn’t move out in the
country to hear all the stuff going on with everybody’s, you know, it’s kind of a pain.”


Sandberg bought the land he lives on from his brother a couple years ago. One thing he
liked about the property was that it had a dirt trail running through it, and he thought he
could pave it and use it as a driveway.


The trail used to be a railroad bed. The railroad company laid the tracks in the 1890’s,
after getting the rights to go through hundreds of different properties. Usually they only
had an easement to use the property, but every deed was a little different. There was no
standardized legal form, and most of the deeds were written by hand.


Of course, over the next hundred years, people stopped using the train so much. In
Minnesota, the railroad company sold a lot of its land rights to the Department of Natural
Resources in 1991. Similar deals were passed all across the country, and many states, like
Minnesota, used this land to build public trails.


The path that passes through Sandberg’s property is one of these trails, the Paul Bunyan
Trail. It’s popular with bikers, dog-walkers, in-line skaters, and in the winter,
snowmobilers.


Terry McGawhee is Executive Director of the Paul Bunyan Trail
Association, and he’s constantly lobbying the state legislature to expand the trail or pave
parts of it that are still dirt.


“Not every community embraces the trail, but those that have, have seen significant
economic influence on their communities. And the majority of the people along the 100
miles of the trail are eager to see the trail development.”


The state had held off on further work on the trail because of a lawsuit filed by Sandberg’s
brother and several other landowners. Sandberg said the railroad company didn’t own the
trail on his property, so they couldn’t have sold it to the state.


“The abstract states clearly in layman’s terms it was an easement that the railroad had and
when they quit using it for railroad purposes it should go back to the landowner.”


That’s the reasoning Sandberg’s brother and other landowners used when they blockaded
parts of the trail back in 1998. The Minnesota Department of Natural Resources sued
them, and was initially successful. The landowners appealed, however, and the Appeals
Court overturned the decision. The state agency then appealed to the Minnesota Supreme
Court. On July 29th, the Court ruled in favor of the state trail.


Trail advocates across the country watched the case closely. Lawyers in trail land
disputes in every state could bring up this case as an example. For more than twenty
years, lawyers fighting for public trails have relied heavily on another case, also in
Minnesota. Dorian Grilley is the executive director of the Parks and Trails Council of
Minnesota. He says the Minnesota Supreme Court made the decision in 1983.


“In that case, the Minnesota Supreme Court decided that it was legal for that easement to
be transferred to a public agency for use as a trail because in the early 1900’s or late
1800’s, ‘railway purposes’ really meant public transportation, and that a trail qualified as
public transportation.”


In its recent decision, the court upheld the idea that a public trail serves the same kind of
purpose as a railway, moving people from place to place.


Now that the court has ruled in favor of the state, Mike Sandberg will be forced to
abandon plans to build a driveway along the old railroad bed. His brother is not sure
whether he’ll build his retirement home there as he’d planned, since bicyclists and hikers
will have access to the trail cutting across his property. But trail users can look forward to
seeing another section of the trail completed and paved.


For the Great Lakes Radio Consortium, I’m Katherine Glover.

Related Links