Tips on Lease Agreements and Eastern Red Cedar Control

December 17, 2024

Tips on Lease Agreements and Eastern Red Cedar Control

Pasture and Forage Minute

By Shannon Sand - Agricultural Economics Extension Educator, Todd Whitney - Extension Educator

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Lease Agreements: Verbal vs. Written 

By Shannon Sand

There are several leasing options available for producers and landowners, including verbal leases, which remain a common form of agreement. However, it's important to note key dates and rules for terminating verbal leases, as they vary depending on whether the lease involves cropland or pasture.

For year-to-year verbal leases involving cropland, the Nebraska Supreme Court has determined that the lease year begins on March 1. If a landowner wishes to terminate such a lease, notice must be given six months before the lease ends, which means no later than Sept. 1 for crop production. To ensure proper documentation, it is recommended to use Registered Mail™ for delivering the termination notice. This provides a signed receipt as proof that the notice was received.

Pasture leases, on the other hand, are typically shorter and aligned with the five-to-six-month grazing season. These leases generally terminate automatically at the end of the grazing season unless alternative arrangements are specified in a written lease.

In all cases, written leases are strongly preferred over verbal or handshake agreements. Written agreements provide clarity, legal protection, and a record of the terms for both parties. For additional guidance, and sample lease templates are available in the Ag Lease 101 Document Library.

Pasture Cedar Control 

By Todd Whitney

Early response is key to controlling volunteer eastern red cedar (Juniperus virginiana) in range and pastures. Although cedar trees (especially male species) can be ideal windbreak trees due to their hardiness and rapid growth, seed-producing female trees can move a low cedar population pasture to overrun with large cedar trees within six to seven years. Why? Each female cedar tree has the potential to reproduce enough offspring within seven years to significantly impact 26 additional acres of grazing. For example, a mature single cedar tree can grow roots over 25 feet deep and reduce forage grazing production by over 30%.

To control scattered cedar trees in a pasture, it may be effective to simply cut each cedar tree off using a hoe, saw, spade, loppers or mechanical shears; the key is killing the cedars while they are small. Provided that no branches are left on the main trunk after cutting, these conifer trees will not grow back from their roots. Also, cedar seeds do not blow long distances like most noxious weeds. Although birds feeding on the round blue seeds can spread the cedar trees wide distances, research has shown that 95% of seedlings grow within 200 yards of their parent cedar tree. Thus, persistent cutting of young seedlings can be an effective control.

Another option might be chemical control for trees less than 10 feet tall. A foliar spray application of entire trees with Tordon 22K®, Graslan L® or Surmount® can be applied when the cedars are actively growing in May or June. Or, soil applications with Spike®, Tordon 22K® or Velpar L® chemicals can be applied under branches in April to May or September to October.

For larger pastures or higher cedar populations, prescribed pasture burning may be the best solution. Since these trees grow in height about 1 to 1½ feet per year, plan to burn while trees are still smaller. For safety, prescribed burning cooperatives incorporate well planned events with plenty of burn helpers, equipment and clear communication with local fire departments. For example, the Central Platte Burn Alliance based in Gothenburg is a non-profit burning group with about 20 ranchers and neighbors jointly burning pastures. Usually, burning is delayed for at least one year after cedars have been cut in a pasture.

More details regarding cedar control and pasture burning are available on CropWatch or Nebraska Prescribed Fire Council.

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