NATIONWIDE NEWS
‘Attractive farm nuisances’ can create liability concerns
The following information is provided by Nationwide®, the #1 farm and ranch insurer in the U.S.* Some farmland is more than just work- ing land. Natural features such as ponds may detract from the overall crop poten- tial of a piece of farmland. These “attrac- tive farm nuisances” can also add to the farmland owner’s liability. When that’s the case, it is important for the landown- er to work with a specialist who can best identify the risks and put a protection plan in place. An attractive nuisance is a potentially hazardous feature or condition on a piece of land that may attract children or adults who could incur injury. Attractive farm nuisances open up a new liability to the landowner. It is normal practice to require an invitation for any visitors to a piece of farmland. But tres- passing is common, especially with minors. There is separate legal precedent for any injuries incurred by someone on your land depending on whether that person was in- vited or trespassed. But if your land features an attractive nuisance like a pond or sharp change in elevation—or a man-made fea- ture like equipment storage—you may bear the burden of protecting yourself from the liability it creates. Federal, state and local laws often re- quire landowners to “take reasonable pre- cautions” to help ensure the safety of any- one stepping onto their land. For farmland, that includes posting highly visible signs laying out requirements for entry onto your land. But the laws are often far from crystal clear. Sometimes exploring any attractive
nuisances on your land may create more questions than answers. “An attractive nuisance can be pres- ent anywhere and may not always be readily identified,” said Nationwide Risk Management Consultant Derek Hommer. “And those exposures of the attractive farm nuisances are rarely accounted for in a standard homeowner’s insurance policy.” This makes it critically important to con- nect with a farm insurance agent or risk man- agement specialist who understands your land and any potential attractive nuisances on it. Also consider consulting an attorney who can address legal concerns about the specific attractive nuisances on your land. “There are so many variables with at- tractive farm nuisances. An attorney can help you determine your level of liability,” Hommer said. “And don’t rely on a standard homeowner’s insurance policy to protect you from that liability. Have a conversation with an informed, experienced insurance agent who can show you the most effective policy options. Having the right insurance in place can help you mitigate the risk you face from attractive farm nuisances.” Visit aginsightcenter.com/farm- landownership to download our free Farmland Ownership Protection Guide and to watch our on-demand webinar, Managing Farmland Leases. *A.M. Best Market Share Report 2021. Nationwide, the Nationwide N and Eagle, and Nationwide is on your side are service marks of Nationwide Mutual Insurance Company. © 2022 Nationwide.
Senate considering bill to freeze H-2A minimum wage
times the number of farmworkers in the state on temporary visas a decade ago. “The 2023 AEWR rule missed the mark by such a wide margin that farmers in some states experienced required wage increases of more than 10% after smaller increases last year,” the American Farm Bureau Federation said in a statement. “The AEWR has signifi- cantly outpaced increases in the national average wage for most workers in America.” California’s AEWR rose from $17.51 per hour to $18.65 per hour Jan. 1. The Senate legislation would bump it back to the 2022 rate and freeze it until the end of this year. “Farmers are committed to paying their employees a fair wage, but the new AEWR rule used flawed data to reach a flawed conclusion,” AFBF President Zippy Duvall said. “Requiring farmers to pay their work- ers far more than the average domestic worker is earning just makes no sense, especially in the face of high supply costs, inflation and a global food shortage.”
The U.S. Senate is considering biparti- san legislation that could bring financial relief to farms that hire foreign workers on temporary visas. The Farm Operations Support Act, in- troduced this month by Sens. Jon Ossoff, D-Ga., and Thom Tillis, R-N.C., would freeze the minimum wage paid to farm- workers on H-2A visas for one year, revert- ing to the rate that was in effect on Dec. 1, 2022, and keeping it until Dec. 31, 2023. The wage rate for foreign H-2A workers, called the Adverse Effect Wage Rate, or AEWR, is higher than the standard mini- mum wage paid to domestic workers. The AEWR, which varies by state, was designed to keep foreign workers from displacing domestic ones. But it places an econom- ic burden on agricultural employers who have increasingly relied on H-2A workers in recent years amid labor shortages. Last year, there were roughly 35,000 H-2A workers in California, more than ten
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