Archive for August, 2010

Redefining Cash Rents

Wednesday, August 25th, 2010

Around this time of year, lease discussions typically begin picking up steam.  For one, this is the time of year where landowners who may be looking to sell before next spring need to formally terminate their tenant for that following crop year.  (For more details on this topic, read our recent blog post The Necessity of Terminating a Farm Lease).  To a lesser extent, tenants and landlords will begin discussing modifications, extensions, etc. to their current leases.

A recent article in DTN/Progressive Farmer (Cash Rent Hangover -1) takes a look at how some of the high-dollar, multi-year cash rent contracts that were locked up in late-2007/early-2008 and are now expiring will possibly be modified as tenants and landlords look to 2011.  I think most would agree that we are in a different market today, than we were in the summer of 2008.  The commodities markets have come down (although we have seen a recent rebound) and input costs have also been lowered.  Even with lowered in put costs, the risk for operators has still been ratcheted up over the last 5-10 years.  The author discussed this with University of Illinois economist, who estimated that the cost on a typical Midwest farmer to plant a corn crop has increased by over 50% since 2006.

One possible idea that has been gaining traction the last few years is the flex lease.  A concept that has been used for decades in some variation or another, a flex lease sets a floor cash rent payment that the tenant will pay.  The balance of the rent is essentially a shared lease where the tenant and landlord share in both the good and bad years.

As we come off of some of the high-dollar contracts that we saw a few years ago, communication between tenants and landlords will be key for both parties to benefit.   How have your leases changed over the last few years?  What modifications are being made for 2011?

THE NECESSITY OF TERMINATING A FARM LEASE

Tuesday, August 17th, 2010

We have talked with many landowners over the past nine months that are considering either the sale of their farm in order to capitalize on record high land prices, or a revision in their lease terms to adjust for changing commodity prices.  In either case, before a sale can take place or a lease adjustment can be made, the existing lease agreement must be properly terminated. Unfortunately, most owners don’t realize that each state has its own specific laws that govern this issue.  And if the termination is not made in strict adherence with state regulations, then it’s as if it wasn’t made at all, in which case the lease essentially renews with the same terms for the following crop year.

If you think that you might sell your farm between now and spring planting, or if you want to update the terms in your lease, it is imperative that you correctly terminate your existing agreement.  Why?  In the case of a farm sale, terminating the lease ensures that all potential buyers, especially neighboring farmers, will be interested bidders.  Because of higher grain prices, farmers and investors have been more aggressive in bidding for land the past few months.  And they want to actually farm the land they buy — they don’t want to be a landlord for another farmer.  If there is a lease in place on a property, they will either discount their price or have no interest at all.  This could ultimately lower the sale price by 10 – 15%.  In the case of a desire to modify your current lease, if you do not terminate the existing agreement, then your tenant is under no obligation to agree to a change in terms for next year.  Once again, the financial damage could be significant if you are constrained by an existing lease where the income to the landlord is significantly below the market.

The mechanics of properly terminating a lease vary from state to state.  Generally, the notice does have to be in writing and must contain specific language.  These guidelines need to be followed carefully, regardless of whether your current agreement is written or oral.  The following table provides an overview of the important facts to know in order to properly terminate a lease in selected states.  If you have additional questions, we suggest that you contact your attorney.  

 

IMPORTANT LEASE TERMINATION FACTS

         
State Notice (1.) Type Delivery  
 

IL

 

120 Days

 

Written

 

Certified Mail with Return Receipt

 
Web Resource:  www.farmdoc.illinois.edu/legal/articles/ALTBs/ALTB_04-11/ALTB_04-11_mod2.pdf 
 

IN

 

90 Days

 

Written

 

Certified Mail with Return Receipt

 
Web Resource:  www.ces.purdue.edu/extmedia/EC/EC-713.pdf   
 

IA

 

September 1

 

Written

 

Certified Mail with Return Receipt

 
Web Resource: www.extension.iastate.edu/agdm/wholefarm/html/c2-06.html 
 

MO

  

60 Days

  

Written

 

Certified Mail with Return Receipt

 
Web Resource:  www.extension.missouri.edu/explore/agguides/agecon/g00520.htm
         
 
  
 

(1.) When notice must be sent prior/relative to expiration date of lease.  Note that the expiration date of a lease can vary.  Historically, the lease period ended on February 28th. However, many modern leases expire on December 31st. Make sure you know this date in order to forward the notice in time.

USDA August Crop Report

Thursday, August 12th, 2010

Earlier this morning the USDA released their August estimate for 2010 crop production.  Both corn and soybean estimates were strong – soybean production (44 bushels per acre) is predicted to be in line with 2009 levels and corn levels are predicted to set new highs (165 bushels per acre).  However, even with the anticipated strong yields, the ever increasing worldwide demand is still expected to decrease corn stocks (soybean stocks look to remain unchanged).  So, how will this affect the commodities markets?  Well…it depends on who you ask and what indicators that they are using as predictors.  With the predicted large amounts of grain that should be produced this fall, one would think that this would lead to a drop in the futures markets.  However, many believe that the expected decrease in current corn stocks should push prices higher as we approach harvest.  At the time of this post, corn, soybeans and wheat were all seeing rallies in the futures markets.

What does this mean for the farmland real estate market?  The farmer-buyer’s ability to add acreage is dependent on having the funds to pay for said acreage.  The more income that a farmer receives, the more money that he/she will have to reinvest into their operation – whether it be a new tractor, 4 x 4 truck, or the 80 acres that is for sale across the road.  As we approach fall and farm sale season begins to ramp up, it will be important to keep an eye on the commodities markets, which will help determine the strength of the farmland market.

Interested in reading more about the USDA August Crop Report?  The DTN/Progressive Farmer website has a very informative analysis on their website (USDA Reports Summary).

Land Market Economics

Tuesday, August 10th, 2010

The USDA just released their annual farmland report (Summary of Land Values and Cash Rents) and per usual, it contains some interesting facts and trends.  The data for this report is gathered by surveying agricultural producers throughout the different regions of the country.  This method is slightly different than many other land value reporting agencies, e.g. The Federal Reserve Banks, where bankers are the main source of information.   

As could be expected, land prices and rents both moved higher across most the U.S. (the exceptions being in the Mountain States and the Southeast).  Most of the Midwestern states have rebounded from the cropland price correction of 2008-2009 and are now just below the all-time high levels set in 2008.  Cash rents are also at all-time highs according to the information gathered.  Analysis of the numbers over the past 5 years reflects a 27% increase in cash rents along with a 29% increase in cropland prices.  These are numbers that most financial advisors (and their clients) would have killed for during this time period.  Yes, farmland continues to be the envy of the investment world!

It is important to note that these are average numbers across entire states and may not be indicative of what the market is in any single small area.  Because of that, I think the general trend in values has merit even though the absolute numbers may not for your specific farm.

Forecasters Predict Strong Corn Market in 2011

Tuesday, August 3rd, 2010

A recent article in Bloomberg (Corn Will Jump 9% in First Quarter…) reported a prediction by Rabobank Group that corn prices will see a jump in prices in the first quarter of 2011.  This predicted 9% bump in price is mostly due to an anticipated increase in demand for U.S. corn exports to Asia because of poorer than anticipated yields in other parts of the world.  The increased demand, combined with a slightly lowered expected yield over 2009, look to strengthen prices as we approach harvest and enter 2011.

As we begin to look towards the fall farm sales season it will be important to keep an eye on how increased corn prices affect the price of farmland.  The availability of farmland in many areas remains tight.  If farmer-buyers can take advantage of a rising corn market, we could see some strong farm sales as they compete against the investors seeking to add farmland to their portfolios.