Friday, August 19, 2022 CapitalPress.com 3 Farmland values up an average of 12% By CAROL RYAN DUMAS Capital Press U.S. farmland values jumped 12.4% this year com- pared to 2021, with an aver- age value of $3,800 an acre nationwide, according to the USDA National Agricultural Statistics Service. Cropland value, at $5,050, is up an average of 14.3%, and pasture value at $1,650 is up 11.5%. The $420 an acre average increase in real estate value is the largest since the reporting series began in 1997 and the largest year-over-year per- centage increase since 2006, according to a report by the American Farm Bureau Federation. Real estate values vary signifi cantly across the coun- try, with the highest values in areas with large volumes of high-dollar crops — such as wine grapes and tree nuts in California — and areas expe- riencing upward price pres- sure due to their proximity to urban areas with little remain- ing developable land, the report said. Much of the Midwest had the highest real estate val- ues, followed by the South and Pacifi c Northwest, and fi nally the Plains and Moun- tain states. “Part of this increase can be linked to the rise in com- modity prices that have trans- lated to a higher farming value for land in row crop- heavy heartland states like Iowa, Illinois and Indiana,” said Danny Munch, Farm Bureau economist and author of the report. “Incentives added to gov- ernment programs — such as those added in 2021 to the Conservation Reserve Pro- gram — that provide fi nan- cial compensation to land- owners who voluntarily enroll and retire highly erod- ible and environmentally sensitive lands also contrib- uted to increased competition for active cropland, increas- ing land prices,” he said. Other factors contributing to rising land values include competing land-use inter- ests, which includes urban and suburban sprawl, and the increased investments into hard assets like land for a safer return on investment during a period of high infl a- tion, he said. Of the 48 contigu- ous states, 23 experienced double-digit percentage increases in value. The larg- est increases were in Kansas, up 25.2% to $2,630 an acre; Iowa, up 21.4% to $9,400; Nebraska, up 21% to $3,750; and South Dakota, up 18.7% to $2,600, according to USDA. The states with the highest farmland values were Rhode Island at $17,500 per acre; New Jersey at $15,400; Mas- sachusetts at $15,200; Dela- ware at $13,700; and Califor- nia at $12,000. Like overall agricul- tural real estate values, aver- age U.S. cropland values increased sharply in 2022, False advertising lawsuit allowed to proceed against Tillamook cooperative By MATEUSZ PERKOWSKI Capital Press A false advertising lawsuit against the Tillamook dairy cooperative can proceed, though the Oregon Court of Appeals has upheld the dis- missal of certain allegations. Three years ago, sev- eral consumers fi led a com- plaint against the Tillamook County Creamery Asso- ciation for allegedly mis- representing its livestock practices and its products’ geographic origins. Specifi cally, the four plaintiff s — Sonja Bohr, Tamara Barnes, Karen Foglesong and Mary Wood — claim that most of the cooperative’s milk is pro- duced by cows confi ned in an “industrialized dairy fac- tory” in Morrow County, rather than living on small family farms with access to pastures in Tillamook County. The dairy coopera- tive vowed to aggressively defend against the lawsuit, which seeks class action sta- tus that would allow other consumers to join in the litigation. The lawsuit was fi led at the behest of the Animal Legal Defense Fund, which advocates for people to stop eating dairy products alto- gether, the cooperative said. The cooperative said its “farmer-members and sup- pliers all take good care of our animals,” including Three Mile Canyon Farms in Boardman, Ore., which is recognized for leadership in “environmental stewardship and sustainable agriculture.” While the arguments in the court of public opinion centered on animal care, the disagreements in state court have been more technical. The litigation has largely focused on whether the law- suit’s legal theories are plau- sible violations of the Ore- gon Unfair Trade Practices Act. Multnomah County Cir- cuit Judge Kelly Skye dis- missed some of the allega- tions at the cooperative’s request, agreeing they didn’t square with the statute’s requirements. While the judge allowed some claims to survive, she said a proposed class action must be “limited to con- rising to $5,050 per acre. “The distribution across the country follows a simi- lar pattern as overall farmland value, with California and Northeast urban states claim- ing the highest average crop- land values. Again, follow- ing that top category is much of the Midwest and Northern Plains, followed by the South and then the rest of the coun- try,” Munch said. Similar to overall agricul- tural real estate values and cropland values, pastureland values posted strong gains from the previous year, com- ing in at $1,650 per acre on average for the U.S. “However, the distribution of pastureland values across the country diff ers from the cropland values and real estate values,” he said. Some of the more valuable pastureland is concentrated in the South and the mid- South, areas with less density of high-value row crops and more regular precipitation, he said. sumers who purchased Til- lamook products in reliance on the Tillamook marketing representations.” The plaintiff s disagreed the class should be defi ned more narrowly, arguing that all consumers paid infl ated prices for Tillamook prod- ucts, regardless if they were specifi cally moti- vated by the cooperative’s marketing. Without concluding the lawsuit, the judge referred this legal issue and others to an interlocutory appeal. In exceptional cases, the Ore- gon Court of Appeals agrees to resolve “controlling ques- tions of law” before a lawsuit is fi nished. The Oregon Court of Appeals has now upheld the dismissal of certain allega- tions and agreed the pro- posed class must be limited to consumers who’d demon- strated “reliance” on alleged false advertising. The appellate court declined to decide other legal questions, such as whether the “source” of a product refers to its manufacturer or its geographic origin. It’s not yet necessary to resolve such issues, even if the plaintiff s decide to move forward with the narrower class defi nition, the ruling said. The lawsuit may still set- tle or fail to achieve class action status, since it’s tough to prove the purchase moti- vation of a large number of people, the ruling said. 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Farmland values 2022 The National Oceanic and Atmospheric Admin- istration predicted Aug. 11 that a La Nina has a strong chance of staying through the end of the year, but may fade in the middle of winter. La Nina, linked to cool and wet weather in the Northwest, has prevailed the last two winters. La Nina rarely reigns for three consecutive winters. That has occurred only twice since 1950. NOAA said this La Nina has a 60% chance of remaining in place through December. By January, the chances of a La Nina drop to 47%. The La Nina should infl uence fall and early winter weather, though the rarity of a third-straight La Nina makes long-range forecasts diffi cult, Wash- ington State Climatologist Nick Bond said. “There have been so few cases, we can’t really generalize,” he said. “Right now, I’m very guardedly optimistic that we’ll have a decent start to the water year,” which begins Oct. 1. Below-average sea-sur- face temperatures along the equator in the Pacifi c Ocean trigger a La Nina. Above-average tempera- tures trigger an El Nino. A La Nina is linked to cool and wet weather in the northern tier of the U.S., but warm and dry sea- sons in the southern tier. La Nina exerts its greatest infl uence in the winter. A month ago, NOAA anticipated La Nina might fade in the fall but come back in the winter. In July, however, the ocean cooled, after warming toward nor- mal in June. NOAA now estimates an 86% chance the La Nina will stay through Septem- ber and an 80% chance though October. By January, it’s a tos- sup whether the sea-sur- face temperatures will be cool or neutral. NOAA sees almost no chance for an El Nino to form.