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.
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