Montana 2025 Legislative Session

[WanderWoman]

I don’t want to see my 4th on one side(5th on the other side) ranch/farm, or yours developed either…. I nor my brother, son/nephews have much to worry about here.
I view an easement that’s “in perpetuity” as selling the soul of the land. It puts a price on something that is priceless to me.

The beauty about CEs is that they occur between two willing parties. A willing buyer, and a willing seller. No one is coming and forcing a perpetual CE on someone that doesn't want one. Do you think that because you don't like perpetual CEs, you should be able to inhibit someone else from selling one? Because even if you yourself aren't doing that, others with that same "I don't like perpetual" mentality, and the power to do so, are preventing just that. I'm not a landowner but if I was and someone was exerting their values onto me in such a manner, I'd feel pretty violated. It'd be like someone saying, "Oh WanderWoman, you can't sell your house to so-and-so, I don't like them." Both are attempts to prevent someone from doing something, based on a personal opinion or value as opposed to what I feel would be a legitimate reason.

As far as soul of the land goes, I think that's dead and gone when someone paves it over for a condo or McMansion. Especially when said McMansion is built up on a road called "Sage Hen Lane," or "Mule Deer Way," as some tribute to the critters that may have once been there, but aren't anymore.

I do agree, the native ground we have in Montana and in the west is priceless, especially when it comes to the value it has for future generations.

 

[Forkyfinder]

There are many conservation easements. The ones in perpetuity that give up everything are in my belief a mistake.
I live right next to 2 blocks of land that have C.E.’s on them. Neither place has had an offer on them that’s legit. I’ve made a contingent offer of $150 an acre. Contingent because I’m not certain that either would pencil ag wise. If the easement could be reversed, both parcels sell overnight for 800-1200 an acre.

Exactly. And what was it worth when they got paid with the CE?

If they get reversed - what kind of return is fair on buying it back? Surely not cheap - the lands exploded in value.

 

[SixPoint]

I view an easement that’s “in perpetuity” as selling the soul of the land. It puts a price on something that is priceless to me.

That’s an interesting perspective. Personally I view it completely the opposite. A perpetual easement is preserving the land’s soul.

 

[SixPoint]

There are many conservation easements. The ones in perpetuity that give up everything are in my belief a mistake.
I live right next to 2 blocks of land that have C.E.’s on them. Neither place has had an offer on them that’s legit. I’ve made a contingent offer of $150 an acre. Contingent because I’m not certain that either would pencil ag wise. If the easement could be reversed, both parcels sell overnight for 800-1200 an acre.

The beautiful thing about a CE is that it is an open negotiation. There’s no one size fits all easement. Each one is unique to the landowners wishes/ vision. You can preserve the right for future divisions, building envelopes for future development, maintain certain uses or commercial enterprises. Everything is on the table when you sit down with a land trust. All of these will affect how the reduction in appraisal will shake out.

As to the reduced price you reference above. That is exactly the way that local producers are going to be able to have a shot a being competitive. When land is selling for inflated recreational prices, the local producers don’t stand a chance.

 

[Straight Arrow]

A perpetual easement is preserving the land’s soul.

I agree. We can be thankful that John Muir, TR, Bob Marshall, Sen Lee Metcalf, Ted Turner, and many others have shared our attitude.

On the other hand ... I am not a fan of Tim Blixseth!

 

[Straight Arrow]

The beautiful thing about a CE is that it is an open negotiation. There’s no one size fits all easement. Each one is unique to the landowners wishes/ vision. You can preserve the right for future divisions, building envelopes for future development, maintain certain uses or commercial enterprises. Everything is on the table when you sit down with a land trust. All of these will affect how the reduction in appraisal will shake out.

It seems that important aspect is unknown or ignored by those who oppose perpetual easements, as they may believe all is dictated by the gubment or the sponsoring organization and thus nothing can be done on the raw land. Not true.
Again, Turner's Flying D Ranch is a good example, as that ranch property is actually divided into a small number of separate tracts, each of which could be sold individually and treated differenty ... but with the provisions agreed upon when the CE was negotiated. There are homes and other structures on the Flying D that remain and will be utilized appropriately. There are structures, pastures, farmland, farm corrals, pens, fencing, irrigation systems, and other hard emplacements which are consistent with the CE terms as agreed upon .... for perpetuity if owner desires and even if there are several different owners in the future. Furthermore, in most cases the owner may decide to impose more stringent conditions on the property ... but not less stingent.

 

[SixPoint]

I do wonder if a lot of the angst against FWP Easement's is coming from the commercial hunting industry. FWP CE’s not only open access for the public but they also expressly prohibit any form of commercialized hunting. In perpetuity. Simply put, these are not good for business if you’re a private lands outfitter.

 

[Eric Albus]

I do wonder if a lot of the angst against FWP Easement's is coming from the commercial hunting industry. FWP CE’s not only open access for the public but they also expressly prohibit any form of commercialized hunting. In perpetuity. Simply put, these are not good for business if you’re a private lands outfitter.

I can speak to that. A resounding NO as to the outfitting industry giving 2 $hits as to CE’s. But nice try.

 

[Gerald Martin]

I agree. We can be thankful that John Muir, TR, Bob Marshall, Sen Lee Metcalf, Ted Turner, and many others have shared our attitude.

On the other hand ... I am not a fan of Tim Blixseth!

It’s a crazy mixed up world where folks prefer deer,elk, and undeveloped land over vacation homes that sit empty 10 months of the year. A six point bull and his harem were terrorizing this patch of sod until I put up an electric fence and preserved the soul of this plot. “Let them graze on the golf course!”