Robert Osburn had a problem. Upon retiring 20 years ago, the farmer placed both of his farmland parcels into the USDA Conservation Reserve Program (CRP) for two 10-year contracts as an alternative to cash renting to another farmer. Unfortunately, in the 18th year, Robert died and the farms were placed in a family trust.
The family’s trustees worked to leave the CRP upon maturity, but the purportedly ‘easy’ process became very complicated. Updated maps from the USDA Natural Resources Conservation Service (NRCS) identified over 25 “wetlands” of 0.05 to 1.5 acres each that created a “Swiss cheese pattern” on the land and would make a beautiful and productive 100-acre parcel impossible to rent.
“Where were these ‘wetlands’ 20 years ago?” asked Robert’s son-in-law, Jerry Richter.
Richter conducted extensive research but failed to find the answer. He hired legal counsel and an expert witness to take his case to the USDA’s National Appeals Division (NAD). Before the hearing, he received a call from Dr. Betsy Dierberger, state resource conservationist at the Michigan office of the USDA-NRCS. Part of Dierberger’s job is to resolve wetland disputes.
Skeptical but willing to try anything to save the farm for production purposes, Richter agreed to meet with Dierberger and a mediator from the Michigan Agricultural Mediation Program (MAMP) in a private room at the Lenawee County Library. The NAD administrative law judge stayed the hearing pending the outcome.
With the aid of a “highly competent” mediator, according to Richter, his family and Dierberger discussed “what happened in two decades of CRP that morphed our non-wetlands into wetlands.”
The Richters and Dierberger reviewed the various maps, photographs, plant inventories, and other records for each of the designated wetlands. They concluded that most of these were not wetlands.
Today, Richter’s farm is back in production agriculture with its first-ever organic wheat harvested in July 2018.
Richter strongly urges other farmers in dispute with USDA agencies to contact the MAMP by calling (800) 616-7863 or visiting www.agmediation.org.
- Posted April 04, 2019
- Tweet This | Share on Facebook
Mediation solves farming problems
![](/Content/LegalNews/images/article_db_image1.jpg)
headlines Jackson County
- JAEPC Meeting
- Safe storage law takes aim at gun violence epidemic
- Thrill of summer carnival rides holds inherent risks for riders; inspections, safety guidelines vary by state
- Michigan Appellate Assigned Counsel System (MAACS) accepting applications to join the roster; the deadline is September 13
- Ambs Call Center wins ATSI Award of Excellence
headlines National
- Illinois Gov. JB Pritzker will speak at ABA Annual Meeting
- 7 steps to successful crisis management
- Beyond Traditional Tools: Leveraging AI for efficient law practice management
- Punishing first grader for ‘Black Lives Mater’ drawing violates First Amendment, appeal argues
- 97-year-old federal appeals judge should be suspended another year for exam refusal, panel says
- How ShareFile helps firms keep pace with changes in law practice