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House ag committee backs study of inundated lands and tax/titles issues, with amendment on navigability
Summary
Lawmakers approved a study of inundated lands—prompted by prolonged flooding around Devils Lake—after adding language directing analysis of how declarations of navigability and U.S. patents affect ownership and tax treatment; supporters said farmers still pay taxes on land that has been underwater for years.
The House Agriculture Committee approved an amended House Concurrent Resolution directing legislative management to study water and wetlands regulations and the taxation and ownership of inundated lands in North Dakota.
Representative Mike Belz introduced HCR 30 18 as a review of who has authority over inundated lands and whether state, federal and local programs treat affected landowners consistently. "At some point, the questions being asked about Devil's Lake need to be answered," he said.
Representative Kathy Fralick, representing District 15, described constituent accounts of long‑term flooding near Devils Lake. She read an email from a Churchs Ferry farmer who said most of his family’s land has been flooded or inaccessible since February 2010 and told lawmakers "There are over 100,000 acres flooded or inaccessible due to Devil's Lake flooding." Fralick and others urged the committee to include an amendment that would direct the study to examine "the confusion and conflicts caused by the declaration of navigability and titles vested by patents from The United States" and how those issues affect lawful ownership and tax treatment.
Several farm groups testified in favor: Ryan Gregg of the North Dakota Farmers Union said the study should identify regulation overlaps and recommend streamlining; Dan Wagsland of the North Dakota Grain Growers Association and Haley Volmer of the North Dakota Corn Growers Association also supported the resolution and said clarity would help producers and infrastructure planning.
Representative Henderson moved the committee amendment to add the clause about navigability and patent‑vested titles; Representative Tweit seconded the amendment. Representative Wilson asked that the resolution be changed from a "shall consider" study to a mandatory "shall" study; Henderson agreed to include that change in the motion.
After the amendment passed on a voice vote, Representative Anderson moved a due‑pass recommendation on HCR 30 18 as amended; Representative Henderson seconded. The clerk called the roll; the committee recorded the motion as passing. Committee discussion noted lingering legal questions and requests for an attorney general's opinion in affected counties.
The committee voted to place the amended resolution on regular order for floor consideration.
