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Committee hears landowners' push to allow termination of historic Fish and Wildlife perpetual easements

2714086 · March 20, 2025
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Summary

Landowners, farm groups and commodity organizations told the House Agriculture Committee they support asking Congress to permit buyouts or termination of long-standing U.S. Fish and Wildlife Service perpetual easements; conservation groups and attorneys cautioned against broad cancellation and warned of legal and practical consequences.

Senate Concurrent Resolution 4,002, which would urge Congress to allow landowners to terminate perpetual easements held by the U.S. Fish and Wildlife Service in North Dakota, drew long testimony on property rights, conservation and legal precedent but the committee did not vote and deferred further action.

Sen. Cole Conley introduced the resolution and described instances where families accepted small one-time payments decades ago in return for easements that, he said, remain in perpetuity and limit agricultural activity. "You will notice that my relatives received a one-time payment of $680 in 1970," Conley said, describing his motivation to seek an option to reclaim flexibility on affected land.

Ranching and farm organizations supported the measure as a private-property-rights fix. Julie Ellingson of the North Dakota Stockmen’s Association told members perpetual easements "often rob future generations of their property rights and their ability to make…

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