Earlier this week, I was speaking with an attorney who deals with mainly ag-related clients. We touched on a topic that is a popular one in his and most communities – cash rent. While the dramatic rise in farmland prices the last 12 months has grabbed most of the headlines, cash rents have remained more in the back seat. While there have certainly been stories about farmers in Central IL paying upwards of $500/A for prime ground, it’s is the other end of the spectrum that is the most interesting. He said that he was surprised that in his area, southern Illinois, many farmers are resisting updating their rent payments to keep them in line with market value. For example, he mentioned that there are many cash rent contracts that were signed for 2012 at $90 – $120 per acre, where if those farms were opened up to the market they would fetch closer to $230 – $250 per acre. In past projects we have worked on, we have unfortunately come across more than a few cash rent contracts that were way under what the market would dictate. From the farmer’s perspective, he wants to maximize his profitability, so the less cash rent he pays, the more money he makes. However, from a “big-picture” perspective, the farmer may be better to pay in the neighborhood of what his local market is dictating, rather than risk upsetting the owner and losing the farm to a competitor.
I think this is a main reason why in many areas across the Midwest a growing number of tenants and landlords are moving back towards a more traditional shared lease, so that both the farmer and the landowner can share in the benefits (and risks) of the variability in farmland production. It seems like this is most prevalent when the landowner had a connection to the farm operation while growing up and understands that the tenant is taking all the risk with a cash rent payment. The other avenue, and one of the current buzz words in agriculture, is the flex lease. Essentially and hybrid of cash rent and shared leases, it provides the landwoner with a base guaranteed return, with a chance to share in profits after the harvest is completed.
It’s important for landowners and tenants to have an open and ongoing dialogue regarding the rent. It also benefits landowners to do their homework about rent prices (and practices) in their area to make sure they are receiving a price that is line with the market.