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B. Petitioner’s Tree Planting Activity
1. The Mitchell Family Farm
Petitioner’s family owned and operated a farm (the Mitchell
farm) in the Salem area for more than 100 years. They grew hay
and raised cattle. Petitioner grew up on the Mitchell farm. As
of about 1991, the Mitchell farm had been neglected for many
years. Mrs. Mitchell also grew up on a small farm.
Petitioner’s brother-in-law, Glenn B. Harris (Harris),
harvested hay on the Mitchell farm beginning about 1971 or 1972.
Harris bought hay from petitioner’s mother, Janet Mitchell, and
she paid him for working on the Mitchell farm. During the years
in issue, Harris was an industrial arts teacher, and he farmed
more than 200 acres of his own.
Petitioner’s mother died in April 1992, and he inherited
part of the Mitchell farm, including about 100 acres, a house,
and farming equipment. About 38 acres of that 100 acres is
tillable bottom land, 35 to 40 acres is pasture, and the rest is
timber.
During the years in issue, petitioner allowed Harris to
graze his 20 to 30 head of cattle and to plant hay on the
Mitchell farm. Harris applied lime and fertilizer to the area of
petitioner’s land on which Harris grazed his cattle and planted
hay. Harris harvested the hay and sold it for profit or fed it
to his cattle. Harris also bushhogged and cleaned up around the
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