A concurrent resolution urging Congress to enact legislation allowing a landowner to terminate a perpetual easement owned by the United States Fish and Wildlife Service within the state.
Summary
SCR 4002 is a concurrent resolution urging Congress to pass legislation that would let a landowner terminate a perpetual easement held by the United States Fish and Wildlife Service within North Dakota. The resolution states that North Dakota has a strong policy against perpetual easements, and argues that federal easements covering large areas of land, especially agricultural land, impose burdensome restrictions on land use.
The resolution specifically cites impacts on private property rights and farming and ranching activities, including the ability to drain ponds, plant crops, and conduct ranching operations. It proposes that landowners should be able to end these easements by paying the original purchase price of the easement as of the date it was created. The measure is a request to Congress rather than a change to North Dakota law itself, and it directs the Secretary of State to send copies to federal and regional officials.
Impact
SCR 4002 does not amend the North Dakota Century Code or create new state regulatory authority; instead, it is a formal legislative appeal to Congress to authorize a federal remedy for landowners burdened by U.S. Fish and Wildlife Service perpetual easements. Its practical effect would be indirect, seeking federal legislation that could alter the legal status of certain easements on land in North Dakota and potentially other affected states. If Congress acted on the request, landowners subject to these easements could gain a statutory path to terminate them by repurchasing the easement.
Sentiment
The bill appears to have strong support in the House, passing second reading by a wide margin of 82-10. The resolution’s findings frame the issue as a property-rights and agricultural-use concern, suggesting a broadly sympathetic sentiment among supporters toward landowners affected by federal easements. The available vote history indicates significant but not unanimous support, reflecting some opposition to the resolution’s approach or underlying policy assumptions.
Contention
The main point of contention is the balance between private property rights and the federal government’s conservation easement interests. Supporters argue that perpetual easements are inconsistent with North Dakota’s property-rights traditions and place undue burdens on farmers and ranchers, while opponents likely object to weakening federal easement protections or to the premise that landowners should be able to unilaterally terminate them. The resolution also implicitly raises federalism concerns because it asks Congress to change federal law rather than addressing the issue through state law.