PRACTICAL CHANGES WOULD BENEFIT FARMERS

Farms that happen to be located near growing towns and cities can either be a boon or a bane.

For some owners of agricultural property, the potential for development can represent a significant financial opportunity. For property owners who want to turn land into cash, new subdivisions and shopping centers are welcome indeed.

For other owners of farmland, however, the fields and woods have another value, one that represents historical roots, a less-hectic way of life or a way to make a living by growing crops and raising livestock. For these property owners, urban sprawl is seen as an encroachment and, oftentimes, a nuisance.

With development comes the need for streets and utilities.

In some instances, developers have pushed for water and sewer lines to cross undeveloped property.

Many municipalities assess the costs of such utility-line extensions to the owners of the crossed property -- even if these owners don't stand to benefit directly from the new water or sewer lines.

In one instance in the Kansas City area, the owner of a 240-acre farm was forced to sell all but 40 acres to pay a $300,000 assessment for water and sewer lines crossing her property. The utilities were for the benefit of a nearby development.

This year, the Missouri Legislature took action to protect farm owners from large bills for utility construction that benefits adjacent development.

As part of the state's omnibus agriculture bill, the legislature approved a section called the "farmland protection act."

This new measure would apply to farms of a minimum of 10 acres where at least three-fourths of the land is used for agriculture.

In such cases, the cost of water or sewer lines that cross the property would be charged to the developer, not the owner of the agricultural property.

Other provisions of the bill, which must be signed by Gov. Bob Holden, address concerns about eminent domain and shared fences.

Before taking land through eminent domain, local governments would be required to hold public hearings.

And the provision regarding shared fences would put into law what has been a common practice among farmers:

Each property owner is responsible for the maintenance of half (the half to each property owner's right) of a shared fence.

Until this practice is incorporated into Missouri's statutes, there aren't many options for legal remedies in disputes over fences.

All in all, the legislature has taken some practical steps to benefit the owners of farmland throughout Missouri.