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Tractor Talk Discussion Forum

CRP payments

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dhermesc

12-29-2003 08:20:57




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Just bought the neighboring (back) 40 to my property. 23 acres of it is locked up in CRP for the next 4 years. We never addressed it in the sales contract - but have all 2003 payments been made? What kind of paper work am I looking at to take over the CRP contract (never dealt with this before personally.




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CRP? Sounds like WELLFARE

01-01-2004 04:01:56




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
Let me get this straight,the Gov. pays up to $60/ acre for doing nothing but mowing once in a while? So how is this different from some city fella collecting a check and watching TV?



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dhermesc

01-02-2004 06:30:49




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 Re: Re: CRP payments in reply to CRP? Sounds like WELLFARE, 01-01-2004 04:01:56  
City fellow isn't paying property tax on his TV, and isn't mowing the property, nor did he PLANT the grass. City fellow hasn't had his livelihood and property destroyed by government programs and policies. Go play in the street $^*#^*(!



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David in MD

12-29-2003 13:57:49




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
The seller is the one under contract with FSA. The buyer can choose to assume the contract or not. If you choose not to the seller can be made to pay back all monies paid to him thus far. To protect himself the seller should have made assumption of the CRP contract by the new owner part of the sales contract. Anyone under current contract with CRP, EQIP, etc. had better be careful when selling their property.

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Found my own answer

12-29-2003 12:09:53




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
Just got off the phone with Farm Services, it's a pretty easy transition. When I sign the contract and the land stays in CRP until 2007 and payments for 2004 and beyond go to me (2003 had been paid to previous owner). If I had owned the land earlier (October?) I could have LEGALLY claimed the entire payment for 2003 since I owned the land when the payment was made. Since its not in the sales contract the previous owner could have been screwed if I wanted to develope the land. If I refused to sign the contract the previous owner would have to repay all payments received 1997-2003 for breach on contract.

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paul

12-30-2003 14:31:23




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 Re: Re: CRP payments in reply to Found my own answer, 12-29-2003 12:09:53  
Some people just are not careful.....

Went along to look at some land with someone the other day. The owner was walking around pointing out 'about' where the prop lines were. It had been ~40 acres of woods on a cliff, now it was down to ~15 acres, he has sold off housing.... Anyhow, his pointing was not real exact. then my friend mentioned the really close house - and the seller said how that shed & swiming pool & maybe a corner of the house were actually on this property, so he 'gave' them a bit of a corner of the land to them.... Talked a while, & it came out there was some sort of an easement for a driveway a house owner was working out with him as we were speaking for a land-locked house out back. (When we looked out there, there were _two_ houses using that driveway....) Then my friend mentioned how there sure was a nice bit of flat land, but not part of this? & the seller says well that house over there ended up being built a bit on my property so I ended up selling him that whole flat acrage a few years ago..... And the seller mentioned that the property line went to withing 25 feet - maybe 20 feet.... Later 15 feet of one of the 'landlocked' houses.....

Oh boy. Obviously the seller had carved this plot up over the years, sold off the good bits, and now wanted to get good bucks for what crumbs & odd bits were left. But, um, I sure would run away from that property, there would be all sorts of property line issues on that thing! One mistake I can see, but I believe we heard about 3 mistakes & an unresolved easement issue and a second one not even mentioned.....

--->Paul

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Ray

12-29-2003 11:31:16




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
The payments can be transfered to the new owner
with the old owners signature.You can also buy
out of the contract as some developers have
done around here.I've had ground in the CRP
for over 15 years.I have notice some with ground
that has came out of CRP couldn't be relisted because the criteria had changed and it didn't
meet the new rules.The ground has to be maintained the way they want it or you can be
fined,a friend of mine was docked $39 per acre
for not mowing when he was told to.

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WORKN4ALIVIN'

12-29-2003 11:03:40




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
Good luck! CRP wouldn't make the payments in the first place. Farm it right or leave it!



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dhermesc

12-29-2003 11:40:29




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 Re: Re: CRP payments in reply to WORKN4ALIVIN', 12-29-2003 11:03:40  
I do know the CRP payments are about $63.00 per acre, that's more then most guys are getting cash rent on row crop. I haven't owned a peice of land (all two of them now) that would cash flow and haven't seen one sell in the past 8 years that would (or I would own it).



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Dieselrider

12-29-2003 14:38:16




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 Re: Re: Re: CRP payments in reply to dhermesc, 12-29-2003 11:40:29  
How is it then that some guys can do it? I worked for a company that had millions in cash flow and couldn't turn a "profit". Management?



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dhermesc

12-30-2003 06:50:49




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 Re: Re: Re: Re: CRP payments in reply to Dieselrider, 12-29-2003 14:38:16  
They use the profits of land already paid for to subsidize new land purchases. I am starting out from ground zero and subsidize my land purchases with my job in town. Instead of buying a boat or SUV I keep driving my 10 year old car and apply those payments to land and equipment purchases. Hoefully it will pay off in 20-30 years.

Biggest land buyers in my area (Eastern Kansas) are guys who have never lived or worked a farm in their life. Rich guys who have lost millions in the stock market and pulled it to buy land. Even with only a 2% or 3% return of equity through rent they figure its better then 1% CDs and 10% LOSSES in the stockmarket. They are also planning to gain 5% a year in increased land prices. Thats a nice solid 7%-8% return on your investment, and its not like the land is going to dry up and blow away like their ENRON stock did. Lately anything bigger then a half section has sold this way, and the smaller tracts go to guys who have been farming for 20-30 years. I was extremely lucky I got the 40 acres bought, if it had better access somebody else would have out bid me in a heart beat.

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MHNut

12-29-2003 10:29:03




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
You need to go to your local FSA office to clear this up. Be sure to take proof of ownership and any other documentation you have from the sale. If you plan to continue the contract it should not be a big deal to change. In effect you are becoming a sucdessor of interest to the contract. With proof of ownership they can put your name on the contract, the county committee will approve it, and your on your way.

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Tim(nj)

12-29-2003 10:13:59




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
Be prepared for a lot of paperwork and grief.
A guy here just sold his farm to the state for preservation (not just the development rights, but title the whole property). He had 80 acres in CRP. The state does not want to take over the agreement because it wants to put a deed restriction on the property and resell it as viable preserved farmland (most likely for a horse farm), and the CRP contract prevents that use. FSA/NRCS considers the sale a breach of agreement, and is demanding he pay back the money already allocated to him under the current contract. As far as your situation, the original owner cannot continue to receive payments on land that he no longer controls. Most likely by selling it, and he may not be aware of this, he will find himself in a breach hearing himself.

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Brian

12-29-2003 09:39:02




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
I had written agreement to prorate payment for first year (closed on property in March) and to assume payments due after that year. I hope you aren't in for a nasty surprise- I would contact the attorney right away. Depending on outcome of that talk, he could be liable for the omission.



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greenbeanman

12-29-2003 09:26:56




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
These are just my thoughts, but the original CRP contract was made with the seller for payments. Without CRP mentioned in the sales contract, he may be the only one eligible to continue to receive payment---and may very well be entitled to them and expecting them.

I don't know how your attorney managed to overlook it, but a good competent attorney is like having money in the bank.



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got mine

12-29-2003 09:05:46




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
in early october



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Greywolf

12-29-2003 08:32:58




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 Re: CRP payments in reply to dhermesc, 12-29-2003 08:20:57  
Time for a trip to the Soils office for your county and find out.

FSA I don't believe handles that part.



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