SOME CONSIDERATIONS WHEN BUYING AGRICULTURAL LAND
LIFESTYLE
Rural
living is a lifestyle decision to which
the benefits will far outlast any drawbacks.
Having said that I would also add…rural living is nothing like living in the suburbs
or the city. The transition for some can be a difficult one. Fantasies
about living a peaceful, independent, existence in the country, far
from the maddening crowds, can soon turn to feelings of isolation and
hardship. Many people buy rural property on a weekend binge or because
it’s the trendy thing to do. Deliberation and exploration should
be made before packing up the wagon and
heading out to the prairie.
County governments do not provide the same
level of service such as those in the city. Those who move to get away
from urban problems soon discover they no longer have the same conveniences
that living in the city provides. The transition can be educational
to say the least.
One can become very disillusioned with the
hard work that comes with rural property ownership. Sometimes getting
to work in the morning will mean rising before the sun to clear out
a 500 foot drive way after a major snow storm. And in some cases not
being able to get to work at all because the small county you live
in only has two snowplows, which are not scheduled to dig you out for
three days.
LEGAL
CONSIDERATIONS
Prospective buyers of land are strongly advised
to carefully inspect the property and make appropriate inquiries to
determine whether there are any current or potential problems which
could affect the use of the land for their intended purposes. Drawing
up of a contract to protect a buyer from an unscrupulous seller should
be considered.
Included in the contract should be the purchaser's
intended use of the land. The contract should contain provisions, which
enable it to be terminated if you find out, or tests reveal unacceptable
residue or disease problems. Written answers to key questions should
be sought from the seller.
CHEMICAL
RESIDUES
The presence of chemical residues in animal
and plant products can have a major impact on their marketability. Community sensitivity and market resistance
to residues are increasing. The
residues of major concern to land purchasers are those which persist
in soil for prolonged periods (years or even decades). Polychlorinated
biphenyls (PCBs) were used in transformers and hydraulics, which can
leak and leave hot spots of contamination. Residues arising from the
recent use of other chemicals can occur in animals and plants and persist
for variable periods.
LIVESTOCK
ISSUES
Some livestock diseases can persist on contaminated
land even when the property is de-stocked when sold. Again find out the history of a site before investing. Land
that has been overgrazed can take years to return to its natural state.
Land striped bare of vegetation can be highly eroded. Horses, sheep
and cattle allowed to graze to long on a particular piece of land can
do irreparable damage to the ground. Proper management in the past
and future can effect the worth of the property. There are many new
land management techniques that maintain a proper balance no matter
how small the acreage. Agricultural extension offices offer free information
and advise as how to best utilize land in regards to livestock.
PLANT
DISEASES AND PESTS
Land purchasers who intend operating a horticultural
or cropping enterprise should make themselves aware of relevant disease
and pest problems, protection zones and regulations which apply in
that county. The disease/pest history and current status of the property
should be sought from the seller.
NOXIOUS
WEEDS
Find
out if the parcel of land you’re
interested in has noxious weeds on it. A
guide to common noxious weeds is available through the Weed Board. If you buy a weed infested site you assume
responsibility for those weeds, control
of which can be quite expensive and legally binding.
1999 SPOKANE COUNTY NOXIOUS WEED CONTROL BOARD POLICYThe Weed Board shall
promote weed control by personal and/or written contacts with
landowners and/or operators. Emphasis
will be placed on trying to eradicate new invading weed species,
before they become widespread in Spokane County, while trying
to control well established species from further spreading. The
landowner, upon request, will also be assisted in identifying
all noxious weeds and effective measures for controlling them. Control
work may be accomplished by good cultivation practices, use of
herbicides, or other means desired by the landowner. Control
means to prevent all seed production for all noxious weeds and
the dispersal of the following propagules of aquatic noxious
weeds - turions, fragments, tubers and nutlets.
If the landowner does
not take action to control the noxious weeds in accordance with
the Revised Code of Washington (RCW) chapter 17.10, the Spokane
County Noxious Weed Control Board may cause their being controlled,
at the expense of the landowner, as per RCW 17.10.170. Charges
for this regulatory work shall be incurred on the basis of the
total cost of running the enforcement procedure. The amount of such expense may be paid directly to the Weed
Board or if not paid, shall constitute a lien against the property. Due to the problem of non-compliance
with the Weed Law, greater emphasis will be placed on enforcement
procedures for parcels where no weed control is evident.
For those who have a
severe infestation, an approved, reasonable, continuous effort
will be considered in compliance with our goals. The
Weed Board Coordinator will be able to assist in formulating
an approved control plan.
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NOXIOUS
ANIMALS AND INSECTS
The prospective purchaser should also inspect
the property for signs of noxious animal and insect activity, and ask
the current owner about any pest problems they experience.
OTHER
CONDITIONS OF LAND USE
There
are a number of other factors, which could affect people buying agricultural
land:
Many
farming industries are subject to licensing and other legal requirements.
People must familiarize themselves with these requirements before engaging
in an agricultural enterprise.
LAND
USE PLANNING
There are many features of agricultural land
which may not be governed by legislation but which can significantly
affect the land's suitability, productivity, amenity and value. These
include natural features such as topography, climate, soils, water
availability, and natural vegetation. Infrastructure and other improvements
such as road access, sheds, yards, fences, water and power supply,
established horticulture and overall farm layout are also important.
The viability of any proposed agricultural
enterprise or pursuit should be closely examined before land is bought
with that purpose in mind. Marketing, enterprise requirements, farm
planning, farming techniques, and business management should all be
looked into.
IF
YOU ARE LOOKING FOR A RURAL LOT ON WHICH TO BUILD, TAKE THE FOLLOWING
PRECAUTIONS:
1.Check with the planning board to determine
what type of development is planned in the area. 2.Determine if there
are oil or gas leases on the property.
3.Determine what utilities (gas, electric,
cable, water and sewer) will service the property.
4.Ask the owner if a percolation test has
been done for a sewage disposal system. If not, have a percolation
test contingency clause inserted in the contract of sale. The cost
of fill may be prohibitive. 5.Check with the town building or zoning
department to find out what building and other permits are required
and the zoning requirements that will have to be satisfied--minimum
square footage, minimum lot size and minimum frontage.
6.Check to see if the property is in a flood
zone.
7.Determine whether state, county, or local
subdivision regulations have been met.
8.Make sure that the contract of sale indicates
the lot's dimensions and size. The contract should also require the
seller to have the lot staked by a surveyor.
9.Check for signs of hazardous waste dumping
by having an environmental study done.
10.If public water is not available, obtain
an estimate from a well digger.
11.Insert a contract provision stating that
the contract is subject to your attorney's approval as to form and
content.
CONCLUSION
The buyer must be aware of and fully assess
the suitability of a rural property for its intended purpose. This
can include features which might not be readily evident; which the
seller is not legally obliged to disclose; and which routine inquiries
might not uncover. Other government agencies exercising control over
land use should also be contacted before purchase to clarify any relevant
matters.
Ultimately, it is up to the purchaser and
his/her agent to carefully inspect the property, examine the contract,
and ask the right questions.
RESOURCES
For questions concerning
water quality and wells;
Spokane Regional Health District
For questions concerning well logs or to
find out what the wells in a particular area produce
The Department of Ecology
Education Resource Center
WSU/Spokane County Extension
MASTER
GARDENER PLANT CLINIC
HOURS: 9
AM TO 3PM MONDAY through THURSDAY, 9AM TO 1 PM FRIDAY
University of Idaho Cooperative Extension
Land Use Regulations (City)
City Planning Dept., 2nd Floor City Hall
(509)625-6061
Land Use Regulations (County)
Planning W. 1026 Broadway
Building Permits Code Enforcement509)456-3675
For questions concerning water quality and
wells
Compiled by Don Dysart
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