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Message: <blockquote data-quote="Fritz the Cat" data-source="post: 148588" data-attributes="member: 605">When a person disputes an easement with USFWS, it's his money against theirs. They have more. For instance, grandpa signed an easement back in 1965 and they drew a circle of ten acres in the middle of 160. Today's farming is way different and a landowner needs to have them mark it out or delineate. With GPS and/or today's technology it shouldn't be that hard. But then remember who you are working with.In 2013 there was a House Bill 1399 introduced that would appropriate $350,000 to the ND Attorney General to sue the USFWS on your behalf. 13.0707.01000Sixty-thirdLegislative Assemblyof North DakotaIntroduced byRepresentatives Headland, Belter, Brandenburg, DamschenSenators Dotzenrod, Erbele, WanzekA BILL for an Act to require legal action by the attorney general against the United States fishand wildlife service.BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:SECTION 1.Suit against United States fish and wildlife service.The attorney general shall bring legal action against the United States fish and wildlifeservice to have the United States fish and wildlife service delineate and properly describe everywetland easement that has been acquired by the United States fish and wildlife service in thisstate.Maybe it was a little huff and puff. I attended the hearing and tempers flared. Even if this wasn't doable, obviously something needed to be done. The above was deleted and the below is the outcome. http://www.legis.nd.gov/assembly/63-2013/documents/13-0707-03000.pdfSECTION 1. AMENDMENT. Subsection 2 of section 47-05-02.1 of the North DakotaCentury Code is amended and reenacted as follows:2. The duration of the easement, servitude, or nonappurtenant restriction on the use ofreal property must be specifically set out, and in no case may the duration of anyinterest in real property regulated by this section exceed ninety-nine years. Theduration of an easement for a waterfowl production area acquired by the federalgovernment, and consented to by the governor or the appropriate state agency afterJuly 1, 1985, may not exceed fifty years. A waterfowl production area easement that exceeds fifty years or which purports to be perpetual may be extended by negotiation between the owner and the easement and the owner of the serviant tenement. A waterfowl production area easement that exceeds fifty years or which purports to be permanent and is not extended by negotiation is void. The duration of a wetlandsreserve program easement acquired by the federal government pursuant to the Food,Agriculture, Conservation, and Trade Act of 1990 after July 1, 1991, may not exceedthirty years.Page No. 1 13.0707.02001ENGROSSED HOUSE BILL NO. 1399FIRST ENGROSSMENTSECTION 2. EFFECTIVE DATE. This Act becomes effective on June 30, 2017.This law is going into effect June 30th, 2017. I'm not aware of any challenge to it. The underlined part is new legislation. It is my understanding if you purchase land with an easement signed before 1985, you are pretty much SOL. Easements signed between 1986 and 1991 have a fifty year life or 2036. Easements signed after 1991 are good for thirty years or 2021. It'll be interesting. If you decide "not" to negotiate for more years of servitude, then what? Your money against the USFWS? Not if I'm reading this correctly. The ND Attorney Generals Office will get involved. </blockquote>

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