Farm Bureau - Questions and Answers

Recently, I have received a Farm Bureau questionnaire. As a Farm Bureau member, I am pleased to provide the questions and my responses.

1. If you are elected in November, what will your top two or three priorities be as a new legislator?

My first priority is to restore growth to jobs and business in Ohio through my “Ohio First” plan or similar efforts. Second, I will seek to give our public school funding and education a clear focus and direction for educational programs and professionals. Third, I will seek to cooperate in the development of a comprehensive energy plan to increase investment, production and use of biofuels in our state. I also believe there is a great need to return funding to agricultural research to address beneficial uses of animal waste, including energy conversion programs.

2. The economic contribution of agriculture in Ohio is significant. What role do you see agriculture playing in Ohio’s future. In general, what experience have you had with agriculture.

I believe agriculture will continue to play a significant role in the future of Ohio particularly with a re-newed focus on biofuels. I believe that agriculture and agribusiness will play a key role in Ohio’s future through increased farm operations, crops and market opportunities that address emerging needs.

My wife is a farm girl whose family still farms in Seneca and Crawford Counties. She continues to maintain an active interest in family farm operations and ownership of farm ground. I am not a farmer. My experience with agriculture varies with all those matters that are faced by a lawyer who represents an extended farm family where each family member offers their own skills to the whole enterprise. I have assisted in groundhog extermination; recoveries on grain certificates; land negotiations and acquisitions involving farm properties; issues including animal waste; building and equipment rentals; aggressive efforts to acquire farm property for private commercial development; EPA concerns involving herbicide spills and fuel spills; dealing with various farm insurance claims and estate planning considerations. I need only go home to know there are many pressing issues facing family farms.

3. One of the most prominent issues for farmers in Ohio is the regulation of the livestock industry. The Ohio Department of Agriculture’s (ODA) permitting process is one of the strongest and most comprehensive in the country. What is your knowledge of the ODA permitting process? What are the most important challenges facing the livestock industry in Ohio?

I have read a great deal about the ODA permit process. I am familiar with and have dealt directly with legal issues pertinent to hog operations. I believe the most important challenges facing the livestock industry in Ohio is dealing aggressively with concerns about animal waste. I believe that if animal waste can be converted to beneficial uses such as energy or other materials that may be looked upon as a resource, a great deal of the concerns about large livestock operations may be alleviated. I believe that the challenge of the livestock industry in Ohio is to anticipate difficult issues and meet each potential criticism with a positive contribution to the state and people who live in Ohio.

4. An important issue facing elected officials in Ohio is farmland preservation. What direction do you see Ohio going with respect to farmland preservation? Would you support increasing state funding of farmland easements?

I am concerned about the preservation of family farms in Ohio. The farms that I am most familiar with, while significant in acres are still family farms. I understand that much can be done with a few hundred acres of farm land; however, unless the land is used for specialized crops or concentrated livestock operations, maintaining the acreage may not be practical or cost effective. I also understand that smaller farm operations are increasingly pressured by larger operations when competing for land to expand. As farming becomes more competitive, it may only be expected that interests will compete for the same land with the prospect that the owner with the most to gain will also invest the most in expansion. I believe there must be some active support over the next several years to assist family farmers to remain in business. I would strongly consider farmland easements or other zoning measures as factors in the assistance of a complete agricultural economic plan that includes tax and fuel incentives to assist family farmers and farm operations.

5. Would you agree that one of the state’s top priorities in the next General Assembly will be developing a comprehensive energy plan including increased use and production of biofuels, including ethanol and biodiesel?

Yes, I would suggest that one of the state’s top priorities for the past several terms of the General Assembly should have been the development of a comprehensive energy plan that includes biofuels, including ethanol and biodiesel. At the same level of priorities is the investment in agrifuel research to convert animal waste into usable fuel resources. Through research we can develop biofuel efficiencies competitive with petroleum based fuels.

I also favor the investment of state funds into research and engineering that will allow more efficient and effective use of technologies in planting and harvesting our crops. This includes using GPS plotting of fields and calculating the most efficient ways to run equipment to realize substantial fuel savings and greater crop yields. These technologies are here today and need to be expanded to their full potential.

6. A recent United State Supreme Court decision approved of a taking of private property for economic development by another private individual. In response, the Ohio General Assembly appointed a task force to study and clarify Ohio’s eminent domain law. Should the definition of “public use” in the eminent domain law be defined to include the taking of private property for economic development that benefits another individual?

I respectfully suggest that simply changing the definition of “public use” in the eminent domain laws of Ohio will not fully limit eminent domain laws from being used to include the taking of private property from economic development.

I believe that the use of eminent domain must be absolutely limited to a minimal level of government taking when necessary for new roads, schools and infrastructure. I do not believe the state should have any role in seizing private property to assist changes in ownership merely to accommodate private economic development. Simple common sense reveals a vast difference between a taking of private property for necessary public use and property used in private development.

My family was directly affected by the abusive use of eminent domain in a seizure of property. Elected governmental officials acted in the most crass and reprehensible manner without any reason. At times, simply the effort to stand up to defend owning property subject to eminent domain interests was questioned by elected representatives as un-patriotic. It is difficult to imagine this in a free and democratic society that values private investment in property; but, I do know this has been done in a number of cases as an effective way to assert undue pressure on land owners.

These experiences allow me to understand that we must change existing laws and re-direct our courts to focus on the critical importance of preserving private property as a Constitutional Right in the State of Ohio. At this time, the judicial presumptions in our state do not appreciably favor the preservation of private property interests in the context of eminent domain proceedings. Simply changing the definition of “public use” is not sufficient when viewed in the context of how cases are actually litigated.

It is my position that a public need must be shown to justify a public taking of property. If a taking is necessary, then the actual economic value of the property must be considered to compensate property owners before the taking can be justified. Far too often, property owners, particularly farm families, lose valuable property to allow for future governmental expansions rather than address current needs. Once private property is lost, its value is lost for generations. We must make sure that if property is taken, the property lost is dedicated to serve the public for generations or the taking cannot be justified. We must make sure that the taking of property is not done to assist private developers to realize indirectly what they cannot do directly.

7. How do you think the legislature should approach the challenge of funding K-12 education as well as higher education and research?

First, education must be approached as a priority rather than simply another budgetary segment. I have suggested that if we demand our state government to act with the same stewardship and efficiency as we expect of modern farms, this would contribute substantially to producing funds for public education. We must seek to educate each child from pre-school to the highest level of education each can achieve. I believe a great fault of our civic and political leaders has been to discuss education without a deep respect for the work of our teachers and the teaching profession. I would also suggest that many times, education is discussed as in academic study only in contrast to the practical skills necessary to operate equipment and maintain a farm operation.

The challenge of education is one of respect. We cannot expect to educate every child to become a nuclear or computer engineer. We can educate each child to accomplish the highest level of their individual potential. We must make the task of education one that makes sense to the people involved and fund them with the resources to accomplish the task.

Next, I believe we must relieve our property from the burden of funding public education. It does not make any sense for politicians to say they have reduced our income or personal property taxes only to find even greater burdens in local school levies and increased county sales taxes. We must follow the directions of the Ohio Supreme Court and relieve property from the burden of funding education. The fair way to fund education is a proportionate and balanced income tax. We can reduce property taxes and allow our teachers and educators to return to education rather than levy fund raisers. We all share an interest in the education of our children, each person, business and investor in our state. It is only fair that we share in the investment of our children’s future and the future of our state.

8. Why should the Farm Bureau support your candidacy?

I believe my background that combines civil, commercial and property law; representation of financial and business interests and agriculture gives me a unique and broad view with a practically understanding to represent issues important to Farm Bureau members. I have a long record of supporting business interests through nearly 25 years in civil law practice. Over that time, I have represented many farm families in difficult circumstances, resolved land issues and estates. My direct family focus on farm operations has helped me understand the ideas and concerns that face farm families. When I combine my skills from years of law practice, experience and desire to serve the interests of the citizens in the 76th Ohio House District, I can only think that through my representation the members of the Farm Bureau will feel they have a strong and fair voice in Columbus.

Thank you -