Attitudes Change

Because manure easements and contracts are now perceived as added value when attached to property, the agreement should specify that it “runs with the land.” That means the agreement or a memorandum of the agreement must be recorded with the county recorder.

In their findings, Drake University officials note that just 10 years ago, producers were challenged with finding enough land to support manure application. Manure easements were commonly used to access land.

Current competition for hog manure among crop farmers has boosted demand.

Third-generation pork producer Jim Boyer of Ringsted, IA, explains their multi-family, 8,000-head finishing facilities rely on a written manure agreement. The contract involves 600 acres and was established as a 10-year perpetual contract that is binding until one of the parties wishes to dissolve it.

“We don't place a dollar value on the nutrients and no money changes hands,” Boyer says. “Our manure management plan outlines details of distributing the manure. We've never had any difficulties with the agreement.”

Although Boyer receives calls from neighbors every year asking about manure availability, all manure is currently spoken for. “I believe the Drake tool would be useful if we ever wanted to sell manure,” Boyer says. “When I investigated selling it, I was concerned about the guarantee of analysis. I believe that would require ongoing testing.”

In closing, Drake researchers think manure agreements will evolve to reflect manure's volatile value and the possible legal challenges that could occur.

The survey was supported by the Smithfield Swine Industry Enhancement Grant Program through the Iowa Attorney General's office.

Questions to Ask

Manure Agreement

• Who is entering into the agreement?

• Who has the responsibility to obtain, record and keep a manure management plan?

• Are there protections against liability for accidents or other claims of negligence or wrongdoing?

• How will disputes be resolved?

• Can the agreement be terminated?

• What period of time should the agreement cover?

• Does the agreement guarantee any manure will be applied on a given piece of land?

• What kind of manure is going to be applied?

• What type of application will be used?

• Who pays to determine the nutrient content of the manure?

• What type of property is included in the agreement?

• When will manure be applied?

• Is the agreement assignable?

Easements

• Will there be compensation?

• Does the animal feeding operation (AFO) have sole rights to use the land for manure application?

• What happens if the AFO can sell the manure to someone else?

Contracts

• What amount will be charged?

• Is compensation negotiated annually?

• Does the contract specify that a certain type and quantity of manure be applied to specific parcels of land?