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tree reaches maturity. Black walnut trees also produce edible
nuts that may be sold.
Glen B. Harris (Harris) has been planting, harvesting, and
baling hay on the family farm since 1971. Harris is petitioner’s
brother-in-law, resides near the family farm, and is an
experienced farmer. Harris worked on the family farm as a result
of a two-part arrangement he had with petitioner’s mother.
First, petitioner’s mother hired Harris to perform work on the
farm, including haying. Second, Harris rented the pastures from
petitioner’s mother to graze his cattle.
Petitioners moved into the house on the family farm in
November 1991 to care for petitioner’s elderly mother. Shortly
thereafter, in April 1992, petitioner’s mother passed away, and
petitioner inherited the family farm. Petitioner and Harris
adopted a two-part barter arrangement with respect to Harris’s
farming activities on the family farm after the inheritance.
Harris could continue to hay on the family farm at his own
expense and could keep all the hay harvested in exchange for
taking general care of the land. Also, Harris could graze his
cattle on the family farm pasture land in exchange for liming and
fertilizing the hayfields.
Petitioner and Harris changed these arrangements in 1999.
Petitioner and Harris changed the haying arrangement to “custom
baling on the shares.” Custom baling on the shares is a common
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Last modified: May 25, 2011