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Ag attorney: Ongoing drought creating tension over grazing leases

An ag attorney says the on-going drought is putting landowners and tenants in a contentious situation this year.  

Andrew VanVelson says landowners would like to protect grasslands from overgrazing but hold over leases usually allow the tenant access for another year.  “Even if you’re trying to be a good steward, it’s hard for you to be able to say ‘I’m unavailable for you to graze because you’ve been working on that.’ These decisions need to be made sooner and sooner.”

A holdover lease occurs when a tenant stays on the property after the lease expires, typically under the same terms unless the landlord objects.

He tells Brownfield it’s common for an agreement to include a 6-month notice clause. “If you’re doing three different grazing sessions with a winter grazing, spring grazing and then summer grazing or even run a fall, then you need to get six months ahead of that because you’ve got to make those decisions early to know what you’re doing.”  

VanVelson says leases can also include an option for producers to reduce the stocking rate to help prolong the health of pastureland.

Andrew VanVelson: