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help with Lease details for highly eroadable ground
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Nebraska Sandhiller
Posted 11/26/2013 10:14 (#3470851)
Subject: help with Lease details for highly eroadable ground


NNW Nebraska
I may be leasing some ground to a neighboring farm for them to plant a highly erodible crop. I want some teeth in the lease to try to control erosion. Could use some help with wording.

1: I want them to have the crop harvested and a cover crop (usually rye) planted by October 1. Was thinking that if that didn't happen, they would pay a fine of a additional amount of possibly 50 percent of rent additional . Thoughts on that?
Watching what they have been doing, it seems typical that they often do harder ground first, and leave the sandy ground for later. Need a little incentive to not leave this field until last, if harvest drags out. Don't know what they will think about this, but it is much closer their storage, than some some of the other fields they are using. (some where around $100+ per acre less trucking at harvest) I would guess they they are always over half done with harvest by Oct 1, Occasionally they may be done by then.

2: even if they do comply with above, what can I do to put some teeth in the contract, that if it does start blowing, to get it covered with straw or hay and punched down, or some other way to prevent a wreck. Including the following spring after their crop. How would I (we) decide at what point this needs to be done, and what happens if it isn't done. They did this year, purchase a bale processor and hay punch.

3: Later in the spring, I think that if it had already started blowing, They could be running the pivot fast enough to keep it watered keep the top of ground wet any time the wind is blowing. Thoughts? (Penalty) (teeth) (determining when this needs to happen)

4: second and third year will be most likely corn. If I don't rent it back, and let them farm it, require that it be either spring strip tilled, or no tilled and no conventional tillage allowed. Thoughts?

5: any other thoughts on how to protect my ground?

6: Wording on making them responsible for any (fines) from FSA because soil erosion from their use of my land. I will have in the contract that I have the option but not the requirement, to lease like amount of their ground on the years they are using my ground. Seems like the FSA has some rules that say that if any of their ground blows, and I am renting one of their field, I could get stuck with a fine, even if the land I was using myself, was not having a problem (possible even land they have leased from other landowners was having a problem).

Not trying to be difficult, but want to protect my ground.
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