| Walla
Walla Agriculture 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) which were used in transformers and hydraulics, 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.
Buyers should inspect the property for evidence of potential sites
of residual contamination, such as pesticide storage sheds, used
drums or disposal sites; buildings, garbage dumps; or abandoned
transformers and hydraulic equipment. They should also inquire about
current and past agricultural practices on the property and in the
area, such as intensive vegetable, fruit, or tree farming, which
could increase the risk of soil residues. Soil can be tested for
specified residues.
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
too 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 Walla Walla Weed Board or your County Extension office. If you
buy a weed infested site you assume responsibility for those weeds,
control of which can be quite expensive and legally binding.
Walla Walla Weed Board Policy
The policy of the Walla Walla Noxious Weed Control Board is to
assist all county residents in promoting good land stewardship while
meeting state and county laws. State law requires the Weed Board
to inventory noxious weeds in the county, administer county weed
board programs, and respond to weed complaints.
It is the goal of the Weed Board to assist all county lands, private
and public, in effective noxious weed control. The Board believes
education and cooperative assistance to be the most effective tools
to achieve this goal. Early detection of new invasive species is
an integral part of this program. The Board will supply weed identification
for anyone having that need. Control work may be accomplished by
good cultivation practices, use of herbicides, or other means desired
by the landowner. The Board also encourages and supports the use
of biological agents to reduce the populations of certain noxious
weeds. Maintaining the bioagents in sufficient numbers to be effective
on the host plant is a high priority with the Weed Board. 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.
For more information, contact Butch Bosley at 524-2688 or weedsww@bmi.net
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:
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Check with the county planning board to determine what type
of development is planned in the area.
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Determine if there are oil or gas leases on the property.
-
Determine what utilities (gas, electric, cable, water and sewer)
will service the property.
-
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.
-
Check with the county 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.
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Check to see if the property is in a flood zone.
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Determine whether state, county, or local subdivision regulations
have been met.
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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.
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Check for signs of hazardous waste dumping by having an environmental
study done.
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If public water is not available, obtain an estimate from a
well digger.
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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:
Walla Walla County Health Department
310 West Poplar
Walla Walla, WA 99362
Phone: 509-524-2662
For questions concerning well logs or to find out what the wells
in a particular area produce:
The Department of Ecology
4601 N Monroe
Spokane WA 99205
Phone: (509) 329-3446
MASTER GARDENER PLANT CLINIC
WSU Extension office
328 West Poplar
Walla Walla, WA 99362
(509) 524-2685
HOURS: Tuesday, 1:00 p.m. to 3:00 p.m.
Thursday, 9:00 a.m. to 11:00 a.m.
Land Use Regulations (County)
County Planning Dept., 2nd Floor Health Dept.(509) 527-3285
County Watershed Planning Dept. (509) 527-3285
County Code Enforcement Complaints (509) 527-3285
County Burn Permits (509) 527-3226
Adapted from Don Dysart. For more information, contact WSU Extension,
(509) 524-2685 or email John Fouts fouts@wsu.edu
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