South Dakota bill changing conservation easements

[Wild Bill]

Bleak times for conservation here in SD. Dictator Gnome could have called this bill to be squashed in committee by her peons but chose to ignore it.
It's like pulling teeth with the legislature to get a $10 conservation stamp bill passed.
Anyways, it looks like we'll be getting Round Two of the ever so successful predator bounty again... so there is that.

 

[Wild Bill]

 

[COEngineer]

View attachment 129411

Every once in a while, common sense prevails.

 

[warmer]

Thanks for posting, Bill.

 

[JLS]

Changing the terms of a CE on a property wouldn't likely stand up in a court challenge.

 

[warmer]

Changing the terms of a CE on a property wouldn't likely stand up in a court challenge.

Just out of curiosity, and because I'm not very smart, who would take who to court? USFWS v. State of SD?

 

[COEngineer]

Just out of curiosity, and because I'm not very smart, who would take who to court? USFWS v. State of SD?

This bill was voted down already. But, for the sake of argument, if something like this did pass, I think it would be a particular land owner that would end up in court, so USFWS vs Mr Joe Schmoe. Think of DC vs Heller.

 

[JLS]

This bill was voted down already. But, for the sake of argument, if something like this did pass, I think it would be a particular land owner that would end up in court, so USFWS vs Mr Joe Schmoe. Think of DC vs Heller.

Yes, the original purchaser of the CE would likely be the only litigant with standing to file a suit for breach of contract.

 

[SD_Prairie_Goat]

Shot in the dark on my part, but I wouldn't be surprised one bit if the motivation was from landowners asking for a way to roll ce land back into production.

Organisations like DU and PF have been pushing hard to buy land, enroll it in CE and then sell it and move into the next piece. I wonder if That might play into this legislation. Maybe the author has friends or is annoyed by the progress, or someone got a good deal on land and was disappointed they couldn't put it into production.

 

[warmer]

I listened to the audio of the discussion on the House floor. The sponsor was adamant that this bill was just a way for the new owner to improve the habitat on the CE. He assured everyone no acres would return to production. (roll of eyes)

 

[bmt99]

I listened to the audio of the discussion on the House floor. The sponsor was adamant that this bill was just a way for the new owner to improve the habitat on the CE. He assured everyone no acres would return to production. (roll of eyes)

If this was in court, that sponsor would get prosecuted for perjury.

 

[dcreiss]

Mccleary is from the far NE side of the state where the vast majority of wind energy projects are located near the big stone to ellendale SPP grid transmission line. McCleery is a farmer and is likely interested in removing CE restrictions either on personal grounds or for District constituents. A large number of CE's exist in his area(prairie pothole cuteau de prairie) due to extensive wetland preservation work by DU for many years.