Posted May 21, 2014
A new bill introduced in the Ohio Senate aims to
address legal issues for Ohio agritourism operators, according to an article by
Peggy Kirk Hall, Assistant Professor of Agricultural & Resources Law with
Ohio State University available here.
The bill, S.B. 334,
was introduced on May 7 and would affect agritourism activities in the areas of
civil liability, property taxation, zoning regulation and amusement ride
standards.
The bill follows similar
trends in other states for “civil liability protection from claims that occur
during agritourism activities.” Harm
resulting from “risks inherent in an agritourism activity” includes: the
surface and subsurface conditions of the land; the behavior of wild or domestic
animals; ordinary dangers associated with farming or ranching structures or
equipment; the possibility of contracting an illness from animals, animal feed,
or animal waste; the participant’s negligence.
The law does not extend
immunity for intentional harm or “willful or wanton disregard for the safety of
an observer or participant.”
Agritourism land would
qualify for Ohio’s Current Agricultural Use Valuation real property taxation
program. In addition, local zoning
boards would not have the authority “to utilize zoning to prohibit the use of
land for agritourism in any district, whether zoned for agricultural,
industrial, residential, or commercial uses.”
For more information on
agritourism, please visit the National Agricultural Law Center’s website here. The National Agricultural Law Center also
offers a State Law Clearinghouse of all agritourism laws in the United States
available here.
