Working Ranch Magazine - Index

Working Ranch Magazine - magazine - Index

the case with many farmers and ranchers,
however, the 1980s hit the family
hard, economically.
“The ranch wasn’t working and we
were just about at the end of our
rope,” he admits. “Then my family
started talking with representatives of
The Nature Conservancy (TNC) and
the American Farmland Trust (AFT). A
deal was negotiated where we would
sell the ranch to TNC-AFT, but lease it
and continue operating. Then we
could buy it back in four years, paying
no interest, but with two conservation
easements in place.”
One easement applied to a parcel of
land adjacent to Franklin Lake, where
marshes and meadows provide ideal
wetland bird habitat. It restricted grazing
during the (March 1 to July 1) nesting
season. The easement limited future
housing construction to a specific 40acre
area. No additional residential or
commercial development would be
allowed, except for two gas/oil drilling
sites. Another easement prohibited
development of a separate land parcel,
but with no grazing restriction.
Typically, conservation easements restrict subdivision and commercial development. The
landowner retains title to the land but the easement becomes part of the deed. All future
owners of the property are bound by its terms for as long as specified in the original contract,
so the ol’ barn can stay.
“It took six years, but my wife and I
bought back the ranch in 1992,” states
McQueary. “Our goals match those of
the land trust people – to preserve critical
wildlife habitat and continue use of
SAY, CAN ANYONE TELL ME…
• What is a Conservation Easement?
It is a legally binding contract between a private landowner and a qualified
land protection agency (non-profit land trust) or a government entity.
Through the contract the current owner places certain restrictions on
how the land may be used for themselves and any future owners.
• What do these land protection agencies, or land trusts, do?
The objectives of land trusts vary. Some were founded by city folk
whose main interests are conserving wildlife habitat. Others were
formed by farmers and ranchers wanting to protect agricultural lands. A
goal shared by many land trusts is the preservation of private landbased
resources by preventing residential and commercial development.
• Is it hard to hammer out a conservation easement
contract with these people?
Conservation easement contracts have been around for awhile, and some
of the early ones might have been a little hard to swallow for ranchers.
But as the contracts have evolved, and ranchers have become more savvy
about protecting their interests, things have gotten easier. Many ranchers
today claim they have had a good experience with the land trust people
during the deal making process, but it makes good sense to come to the
table with your own legal and financial counsel. And don’t agree to anything
that is not clearly understood and acceptable.
• What happens if the terms are not honored?
As with any legal binding agreement, the non-compliant party will likely
be called to defend their actions in court.
the ranch for grazing and hay production.
We believe those are the best uses
for this land. You need only spend a
short time in Jackson Hole (Wyoming)
or most of California to see what can
happen to ranch land and wildlife habitat
after it is subdivided. I won’t apologize
to my descendents for trying to
keep it from happening here.”
Several years ago, near Hot Springs,
South Dakota, Gary and Sharon Romey
watched uneasily as nearby ranches
were sold and subdivided. Much of a
neighboring place owned by an elderly
couple went that way when heirs
offered the ranch at auction. The
Romeys purchased a portion, but developers
bought the remainder and, within
a few months, new housing construction
began right at the property line.
Black Hills-area developers had been
drooling over a particular piece of
Romey land, but the couple resisted
offers to sell the land for much more
than its agricultural production value.
The 1000 acre parcel was bordered on
the north by high rimrock. The
Cheyenne River twisted through the
lower end and forested public lands lay
beyond the western fenceline. Strewn
with rocks and thick with trees, the pasture
provided rather poor grazing, but it
was practically paradise for deer, elk,
wild turkey and other upland game.
Wary of further encroachment by
suburban sprawl and weary of being
pressured to sell; the Romeys were
JANUARY / FEBRUARY 2008 | WORKING RANCH | 65