The Future of Family Farming in the Context of the 2030 Agenda
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FAMILY FARM the Next Generation
FAMILY FARM The Next Generation © AMERICAN ACADEMY OF ESTATE PLANNING ATTORNEYS, INC. Family Farm: The Next Generation 1 INTRODUCTION A humorous take on how families pass on businesses, such as family farms, is reflected in this quip: Avenge your children; give them equal shares in your business. Certainly, what can seem like a generous, wonderful thing can be rife with conflict and imbalance, if you don’t take steps to implement the appropriate legal framework. Landowners, ranchers, and farmers face unique challenges surrounding how to preserve the family farm; a symbol of their heritage. This report focuses on the legal and management issues of managing the family farm, and steps you can take to ensure the smooth transition from generation to generation with ease and accuracy. PLANNING IS KEY Whether your family is running a farm, managing a large parcel of land, or operating a chain of feed stores, transitions in stock ownership — either through death, retirement, divorce, or just the desire to sell one’s shares — can cause turmoil in the family. But harmony can be maintained, and many difficult family business circumstances can be anticipated and planned for, if everyone agrees in advance how situations will be handled. The key word, however, in this statement is: advance. As with most situations, being prepared ahead of time means the difference between getting it right and seeing it with hindsight. For this purpose there are buy-sell agreements, which are basically contracts that specify certain rights among the owners of a family business. Sometimes a buy-sell agreement is incorporated into a Living Trust, other times it is a separate document. -
Choices and Constraints in the Pre-Industrial Countryside
Choices and Constraints in the Pre-Industrial Countryside Sheilagh Ogilvie Faculty of Economics, University of Cambridge [email protected] CWPESH no. 1 Plenary Lecture for Population, Economy and Welfare, c. 1200 – 2000: a Conference in Honour of Richard Smith , Cambridge, 16 September 2011 Abstract : This paper explores a key implication of Richard Smith’s work on agrarian societies: the need to be attentive both to rural people’s decisions as economic agents and to the constraints on their choices. It begins by examining evidence of goal- maximizing behaviour by rural people – not just peasant farmers but women, servants, serfs, landless workers, youths, and many others – in a diversity of pre-industrial societies. It then analyses some central constraints within which rural people made their choices: family and inheritance systems, village communities, manorial systems, legal rules and customs, and the actions of rulers. It concludes by discussing the implications of these findings for understanding the functioning of rural economies, now widely recognized as central to long-term improvements in economic growth and human well-being. 1 1. Introduction This paper explores a central implication of Richard Smith’s work on agrarian societies: the need to be attentive both to rural people’s decisions as economic agents and to the constraints on those choices. As early as 1979, Smith pointed out that although people in the pre-modern English countryside made individualistic choices, ‘This does not necessarily require us to approach this society with a purely voluntaristic model of social behaviour for we have to define the structural limits within which people interacted’. -
Judicial Approaches to Resolving Dissension Among Owners of the Family Farm
University of Arkansas [email protected] ∙ (479) 575-7646 An Agricultural Law Research Article Judicial Approaches to Resolving Dissension Among Owners of the Family Farm by Steven C. Bahls Originally published in NEBRASKA LAW REVIEW 73 NEB. L. REV. 14 (1994) www.NationalAgLawCenter.org Steven C. Bahls* Judicial Approaches to Resolving Dissension Among Owners of the Family Farm TABLE OF CONTENTS I. Introduction........................................... 15 II. Attributes of Family-Owned Farms. .................... 16 A. Public Policy Favoring Preservation of Family Farms............................................. 16 B. Structure of the Family Farm 18 III. The Problem of Dissension Among Owners of Family Farms................................................. 20 A. Causes of Dissension. .............................. 20 B. Difficulty in Resolving Dissension in Family Farm Businesses ......................................... 23 IV. Legislative and Judicial Approaches to Resolving Dissension Among Owners of the Family Farm . 29 A. The Montana Trilogy of Cases ...................... 30 B. Cases from Other Jurisdictions. .................... 33 C. Legislative Approaches............................. 37 V. Proposed Judicial Standard for Resolving Dissension Among the Owners of the Family Farm 38 A. Dissension in Farm Corporations . 39 1. Threshold Standards for Judicial Intervention. 39 B. Dissension in Farm Partnerships and Farm Limited Liability Companies. ............................... 45 VI. Conclusion............................................. 47 Copyright held by the NEBRASKA LAw REVIEW. * Associate Dean and Professor, The University of Montana School of Law; B.B.A., 1976, University of Iowa; J.D., 1979, Northwestern University. The author is a member of the Board of Directors of the American Agricultural Law Association. The author wishes to thank Rodney K. Smith, Dean ofthe University ofMontana School of Law, and James T. Towe, The University of Montana School of Law, Class of 1994, for their assistance with this article. -
2009, Sachs, Pennsylvania State Univeristy
ACCESSION NO: 0220345 SUBFILE: CRIS PROJ NO: PEN04364 AGENCY: NIFA PEN PROJ TYPE: OTHER GRANTS PROJ STATUS: TERMINATED CONTRACT/GRANT/AGREEMENT NO: 2009-49400-06097 PROPOSAL NO: 2009- 03825 START: 01 SEP 2009 TERM: 31 AUG 2012 GRANT AMT: $572,178 GRANT YR: 2009 INITIAL AWARD YEAR: 2009 INVESTIGATOR: Sachs, C. E.; Barbercheck, M. E.; Brasier, K. J.; Hyde, J. A. PERFORMING INSTITUTION: PENNSYLVANIA STATE UNIVERSITY 208 MUELLER LABORATORY UNIVERSITY PARK, PENNSYLVANIA 16802 BEGINNING SUSTAINABILITY FOR NEW AND BEGINNING WOMEN FARMERS THROUGH PEER LEARNING, MENTORING, AND NETWORKING NON-TECHNICAL SUMMARY: New and beginning farmers face challenges related to lack of farm background, experience, and training/skill development opportunities that match their needs; they further lack access to land, capital, and credit needed for successful farming. Our research and outreach experiences with women farmers indicate that they perceive similar technical and social barriers to success in their farm businesses. Further, women report problems related to isolation from other farmers, isolation from needed information and educational networks, and discrimination in traditional agricultural circles. The combination of these concerns creates significant barriers to success for new and beginning women farmers. Despite these barriers, women constitute the fastest growing demographic in farming. The number of female principal operators in the U.S. increased almost 30 percent between 2002 and 2007. Because of the barriers encountered by women farmers, they demonstrate special interest in attending educational events led by women. In our research, women report that they appreciate learning basic farming skills, especially typically masculine skills, from other women. Women farmers seek educational activities that involve exchanges of ideas with each other; many express displeasure with presentations delivered by experts that inhibit interaction and communication. -
10 Choices and Constraints in the Pre-Industrial Countryside
10 Choices and Constraints in the Pre-Industrial Countryside SHEILAGH OGILVIE This chapter addresses a central tension between two sides of rural history – one stressing peasant choices, the other the constraints on those choices. For the one side, key concepts are ‘individualism’, ‘autonomy’, ‘ration- ality’, ‘voluntarism’, and ‘agency’. For the other, they are ‘class struggle’, ‘exploitation’, ‘extra-economic coercion’, ‘social structure’, and ‘institu- tions’. This chapter argues that both strands of analysis can deepen our understanding of the pre-industrial countryside – not just in England but in many other societies. But pursuing the one and ignoring the other can lead us astray. Only by attentiveness both to people’s choices and to the constraints on those choices can we arrive at a just understanding of the particular rural society we are studying and of rural development more widely. Choices Let us begin by considering whether rural people in pre-industrial societies really did have choices, in the sense of deciding, as individuals, between two or more possibilities. It is surprising how often one still encounters views to the contrary, sometimes explicit, sometimes implicit and hardly recognised by the scholars who enunciate them. These views take four main forms. First is the view put forward by Alexander Chayanov and his modern followers, that peasants were governed by a mentality that did not view certain aspects of life as choice variables. So in the Chayanovian view, 2211 (Boydell - Population, Welfare).indd 269 04/11/2014 2:26 pm 270 sHeilaGH oGILVIE peasants do not make individual choices about labour, capital, farm size, technology, market participation, or consumption style. -
Urban and Agricultural Communities: Opportunities for Common Ground
Urban and Agricultural Communities: Opportunities for Common Ground Council for Agricultural Science and Technology Printed in the United States of America Cover design by Lynn Ekblad, Different Angles, Ames, Iowa Graphics by Richard Beachler, Instructional Technology Center, Iowa State University, Ames ISBN 1-887383-20-4 ISSN 0194-4088 05 04 03 02 4 3 2 1 Library of Congress Cataloging-in-Publication Data Urban and Agricultural Communities: Opportunities for Common Ground p. cm. Includes bibliographical references (p. ). ISBN 1-887383-20-4 (alk. paper) 1. Urban agriculture. 2. Land use, Urban. 3. Agriculture--Economic aspects. I. Council for Agricultural Science and Technology. S494.5.U72 U74 2002 630'.91732-dc21 2002005851 CIP Task Force Report No. 138 May 2002 Council for Agricultural Science and Technology Ames, Iowa Task Force Members Lorna Michael Butler (Cochair and Lead Coauthor), College of Agriculture, Departments of Sociology and Anthropology, Iowa State University, Ames Dale M. Maronek (Cochair and Lead Coauthor), Department of Horticulture and Landscape Architecture, Oklahoma State University, Stillwater Contributing Authors Nelson Bills, Department of Applied Economics and Management, Cornell University, Ithaca, New York Tim D. Davis, Texas A&M University Research and Extension Center, Dallas Julia Freedgood, American Farmland Trust, Northampton, Massachusetts Frank M. Howell, Department of Sociology, Anthropology, and Social Work, Mississippi State University, Mississippi State John Kelly, Public Service and Agriculture, Clemson University, Clemson, South Carolina Lawrence W. Libby, Department of Agricultural, Environmental, and Development Economics, The Ohio State University, Columbus Kameshwari Pothukuchi, Department of Geography and Urban Planning, Wayne State University, Detroit, Michigan Diane Relf, Department of Horticulture, Virginia Polytechnic Institute and State University, Blacksburg John K. -
Exploring the Empirical Relationship Between Civic Agriculture and Community Resilience Beth Joanna Person-Michener University of Arkansas, Fayetteville
University of Arkansas, Fayetteville ScholarWorks@UARK Theses and Dissertations 8-2017 Exploring the Empirical Relationship between Civic Agriculture and Community Resilience Beth Joanna Person-Michener University of Arkansas, Fayetteville Follow this and additional works at: http://scholarworks.uark.edu/etd Part of the Civic and Community Engagement Commons, Community-Based Research Commons, Environmental Studies Commons, and the Food Security Commons Recommended Citation Person-Michener, Beth Joanna, "Exploring the Empirical Relationship between Civic Agriculture and Community Resilience" (2017). Theses and Dissertations. 2507. http://scholarworks.uark.edu/etd/2507 This Dissertation is brought to you for free and open access by ScholarWorks@UARK. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of ScholarWorks@UARK. For more information, please contact [email protected], [email protected]. Exploring the Empirical Relationship between Civic Agriculture and Community Resilience A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Environmental Dynamics by Joanna Person-Michener Ouachita Baptist University Bachelor of Science in Nutrition, 1996 University of Arkansas Master of Science in Counseling, 2012 August 2017 University of Arkansas This dissertation is approved for recommendation to the Graduate Council. ___________________________________ Dr. Betsy Garrison Dissertation Director ___________________________________ ____________________________________ -
Testing the Impact of Corporate Farming Restrictions on the Nebraska Hog Industry
Testing the Impact of Corporate Farming Restrictions on the Nebraska Hog Industry Holger Matthey and Jeffrey S. Royer Working Paper 01-WP 285 September 2001 Center for Agricultural and Rural Development Iowa State University Ames, Iowa 50011-1070 www.card.iastate.edu Holger Matthey is international oilseeds analyst at the Food and Agricultural Policy Research Institute, Center for Agricultural and Rural Development, Iowa State University. Jeffrey S. Royer is professor and head of the Department of Agricultural Economics, University of Nebraska- Lincoln. The authors would like to thank John Beghin, Richard Perrin, and Michael Turner for their helpful suggestions and critical comments. This publication is available online on the CARD website www.card.iastate.edu. Permission is granted to reproduce this information with appropriate attribution to the authors and the Center for Agricultural and Rural Development, Iowa State University, Ames, Iowa 500011-1070. For questions or comments about the contents of this paper, please contact Holger Matthey, 567 Heady Hall, Iowa State University, Ames, IA 50011-1070; Ph: 515-294-8015; Fax: 515-294-6336; E-mail: [email protected]. Iowa State University does not discriminate on the basis of race, color, age, religion, national origin, sexual orientation, sex, marital status, disability, or status as a U.S. Vietnam Era Veteran. Any persons having inquiries concerning this may contact the Director of Affirmative Action, 318 Beardshear Hall, 515-294- Abstract This paper evaluates the implications of corporate restrictions on production agriculture using the case of the Nebraska hog industry. Corporate farming restrictions prohibit the acquisition or operation of agricultural land by nonfamily farm or ranch corporations. -
The Family Farm in Transition
HOWARD L. HILL AND FRANK U. MAIER THE FAMILY FARM IN TRANSITION AsLS FARMING has become more closely related to urban occupations and life, the rural tradition of the family farm has been changing and is being challenged. The farm population has declined. Farm production has become specialized and mechanized. Most of the descriptive characteristics of the family farm system have changed. Occasionally it is sug- gested that the tradition of the family farm is no longer relevant to the realities of American agriculture in the sixties. What does it mean? The ideal of the family farm had its achieved through a system of individ- roots in the colonial past, when land ually owned and operated family farms. was abundant relative to labor. Early Individual ownership of farms thus pro- efforts to establish feudal systems of vided the foundation for civic virtue land tenure failed, because unsettled and for social and political stability. and unclaimed land was generally avail- This preference for the family farm able to farmers of moderate means who in turn produced land policies during depended on family labor. Thus, during the next century that further rein- the colonial period, settlers developed forced the ideal, and, because agri- strong sympathy for the idea of indi- cultural lands were abundant, the Fed- vidually owned and operated farms. eral land policies during the 19th Thomas Jefferson's exposition of what century gave it strong support. Al- we now call the family farm was nur- though few Federal restrictions were tured in this soil. In his view, an agri- placed on the transfer of lands once culture of owner-operated farmers was title was granted, the coincidence of desired as the means to a good society abundant land and lenient land dis- rather than being an end in itself. -
("Family Farm") Agriculture? a Soliloquy
36 CHOICES Second Quaner 1997 1 Viewpoint I. by Harold F. Breimyer Why Defend Proprietary ("Family Farm") Agriculture? A Soliloquy A minister friend of mine recently does the giant corporate structure that larger part of the u.s. economy. The raised penetrating questions about what is now taking over the industrializa revamping has recently reached is happening in the make-up of u.s. tion of agriculture bear on the wel agribusiness. It is merchandising-ori agriculture. "The takeover of family fare-the dreams and goals-of its ented, enormously large scale, and in farms and ranches by company and/or human participants? tensely systematized. It's hierarchial, run corporate giants," he wrote, "I judge I disagree with the many agricultural from the top down. for the most part to be a negative economists who subscribe to the idea My bold language is that the kind value." He then asked, "Why is it tak of Economic Man, who is said always of economy we are drifting into ing place?" followed by, "What is be to put money making first. The nor amounts to a reversion, a throwback, ing done to counteract it?" mal person is not that. Once the basic to the feudalism from which our Euro The second question is answered eas needs for living are met, every human pean ancestors escaped to the "Colo ily: almost nothing. In fact, institutions being seeks to pursue his or her aspira nies. " Europe's feudalism was agrarian; that might be expected to offer a de tions for a good life, which extend to that now emerging is industrial. -
Small Farms: Their Role in Our Farming Future1
Small Farms: Their Role in Our Farming Future1 John Ikerd University of Missouri We are at that very point in time when a 400-year-old age is dying and another is struggling to be born – a shifting of culture, science, society, and institutions enormously greater than the world has ever experienced. Ahead, the possibilities of the regeneration of individuality, liberty, community, and ethics such as the world has never known, and a harmony with nature, with one another, and with the divine intelligence such as the world has never dreamed. (Dee Hock, founder of VISA) Will Farming be a Part of Our Future? As I recall the creed of the Future Farmers of America begins with the words “I believe in the future of farming with a faith born not of words but of deeds.” For years I believed that creed and have spent much of my life trying to live by that creed, but I simply can no longer believe it is true. There is no future of farming – at least not of farming as we have known it – not if the dominant trends of today continue into the future. Every time the average farm size goes up, the number of farmers goes down. Every time a farmer signs a corporate production contract, an independent farmer becomes a “corporate hired-hand.” The food and fiber industry most certainly has a future, people will always need food, clothing, and shelter, and someone will provide them. But there will be no future for farming -- not unless we have the courage to challenge and disprove the conventional wisdom that farmers must either get bigger or get out. -
Civic Agriculture and Food Systems
PATHWAYS MINORS CIVIC AGRICULTURE AND FOOD SYSTEMS What is it? The Civic Agriculture and Food Systems minor embodies a commitment to developing and strengthening an economically, environmentally, and socially sustainable agriculture and food system. This interdisciplinary minor provides students with knowledge and skills to promote academic enhancement, personal growth, and civic engagement through reflection and experiential practice to address and solve ‘real-world’ problems. The minor provides opportunity for interdisciplinary and community-based learning, and active engagement in and outside the classroom. Why do it? Minor cornerstones: Food security/sovereignty Ecological stewardship Civic engagement/democratic Healthy people/communities participation Collaborative teaching and Strong local economies experiential learning Pathways Core Concepts Who is it for? 1a - Advanced/Applied Discourse The minor is for students in any 3 - Reasoning in the Social Sciences major interested in the minor 4 - Reasoning in the Natural Sciences cornerstones, particularly 6d - Critique and Practice in Design & the Arts students looking to integrate knowledge and skills in civic agriculture and food systems into Pathways Integrative Concepts personal, civic, and professional Ethical Reasoning practice. Intercultural and Global Awareness 7 PATHWAYS MINORS CIVIC AGRICULTURE AND FOOD SYSTEMS g Capstone Projec din t Ide Requirements See as The 18-credit Civic Agriculture and ALS 2204 Introduction t C Food Systems Pathways minor has 4 c u je to Civic Agriculture lt o iv r a required agriculture and life sciences P t i e n n g ALS 3404 Ecological o Theory Agriculture: courses (3 credits each). t C s a p mmunity eng p a co ag and Practice ing em s C go en t n t o O .