Hunting Fishing Discussions

Featured Outdoor Businesses

Roughrider RVs
Beulah, ND
Indian Hills Resort
Garrison, ND


Share on Facebook subscribe feed

Governor rejects DU land purchase

by , Posted to on 06/11/2009 06:30 AM | "Quote" | "Quick Reply" |

Joined: 07/22/2005
Location: ND
06-11-2009: news-local

Governor rejects DU land purchase

By BRIAN GEHRING
Bismarck Tribune

For a third time in as many attempts, Ducks Unlimited has been denied a bid to purchase land in North Dakota.

In a letter dated June 9 from Gov. John Hoeven, DU was told the state "... generally prohibits corporate ownership of farm and ranch land in North Dakota.

"I do not find sufficient reason to depart from that general prohibition in this case ... "

The land in question is a 320-acre tract in McLean County near Mercer, owned by a California man.

In May, the Natural Areas Acquisition Committee, a group that makes recommendations to the governor, on a 4-2 vote, recommended against the sale.

In February, the governor followed the committee's recommendation against a land sale to DU in Kidder County.

Two years ago, a land purchase of two parcels consisting of about 2,500 acres in Sheridan County was rejected.

Jim Ringelman, director of conservation programs in DU's Bismarck office, said Wednesday the law that dictates the approval process is discriminatory and hampers DU's ability to do business in North Dakota.

"We understand the governor's situation. He must render a decision based on a highly discriminatory process and an unjust law," Ringelman said.

"It's unfortunate. There are many landowners in North Dakota who want to sell to DU, but the approval process invariably leads to rejection and denies them the opportunity."

He said following the latest decision, DU is considering what, if any, action it will take as a group to initiate changes in the state's anti-corporation farming laws.

Ringelman said a big part of the the issue is the make-up of the advisory committee, which, to a large degree, consists of interests tied to the ag industry. "We can't continue to do the same thing and expect different results," he said.

The McLean County purchase was unanimously opposed by the county commission and the township board.

The McLean County Commission and the advisory committee also voiced concern regarding the potential of permanent or long-term easements, but Ringelman said none were proposed in the purchase agreement.

Don Canton, a spokesman for the governor, said throughout the process there was no testimony or support locally in favor of the deal.

In addition, he said the land is already prime habitat for waterfowl and other wildlife production while in private ownership.

Ringelman said as part of its conservation programs in the Missouri Coteau, DU purchases key properties with high waterfowl habitat value.

Grasslands owned by DU are kept in livestock production by renting to local ranchers.

The lands are open to public hunting and recreation and DU pays all property taxes and manages the property well for weeds and other problems, he said.

"We feel very much that this is a private property issue," he said.

"Three parties are negatively impacted by this law: private landowners, nonprofit organizations, and the sportsmen and women of our state and nation," Ringelman said.

(Reach reporter Brian Gehring at 250-8254 or brian.gehring@;bismarcktribune.com.)

Re: Governor rejects DU land purchase
by on 06/11/2009 07:00 AM | Reply #1 | "Quote" | "Quick Reply" |

Joined: 08/12/2003
Location: ND
One would think that zoning the land commercial instead of agricultural would pave the way for DU to purchase the land.  Of course there'd be a much higher tax rate assessed to the land if that were to happen, but , that's the same tax rate that ANY corporation that does or seeks to own land in ND must pay.
..............THIS SPACE FOR RENT..............
Re: Governor rejects DU land purchase
by on 06/11/2009 07:04 AM | Reply #2 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: Mo
"He said following the latest decision, DU is considering what, if any, action it will take as a group to initiate changes in the state's anti-corporation farming laws"


If you want to see access disappear fast let the big corporations in.  DU needs to understand 3 times denied means no.
 
Re: Governor rejects DU land purchase
by on 06/11/2009 07:55 AM | Reply #3 | "Quote" | "Quick Reply" |

Joined: 01/09/2002
Location: ND
mauser,

I would have thought that as a big "land owner rights" kind of guy that you would have supported the person's right to sell their property to the highest bidder, or just whoever they wanted to sell it to.

I guess not.
“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain
Re: Governor rejects DU land purchase
by on 06/11/2009 08:04 AM | Reply #4 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: Mo
Allen Said:
mauser,

I would have thought that as a big "land owner rights" kind of guy that you would have supported the person's right to sell their property to the highest bidder, or just whoever they wanted to sell it to.

I guess not.

I don't think DU should own the land as it is not legal for them to, and yes you do alot of guessing.

Doesn't ND have a law against selling farm and ranch land to large corporations?

Yes I believe in land owner rights but I also believe in the the law.

Do you?  
 
Re: Governor rejects DU land purchase
by on 06/11/2009 09:18 AM | Reply #5 | "Quote" | "Quick Reply" |

Joined: 01/09/2002
Location: ND
It's just your inconsistencies that leave the world guessing as to what the heck your logic is behind your posts.

p.s.  I too am against "corporate" farming, but this isn't corporate "farming" it's simply non-profit landownership.  Last time I checked DU doesn't regularly plant crops for harvesting.  There are thousands, if not millions of acres of land in ND owned by for-profit industries.  If having the land unavailable to hunters and the general population is a part of your concern, then perhaps we should take away all the land owned by the coal mines.
“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain
Re: Governor rejects DU land purchase
by on 06/11/2009 10:54 AM | Reply #6 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: Mo
Twist and twist   Here is your Govenor speaking and I agree, I never said anything about coal mines,or what crops DU plants. It is good the govenor followed the law,I don't care were anyone hunts.how they hunt,as long as it is with in the law.

"In a letter dated June 9 from Gov. John Hoeven, DU was told the state "... generally prohibits corporate ownership of farm and ranch land in North Dakota.

"I do not find sufficient reason to depart from that general prohibition in this case ... "


 
Re: Governor rejects DU land purchase
by on 06/11/2009 12:26 PM | Reply #7 | "Quote" | "Quick Reply" |

Joined: 07/14/2003
Location: ND
This is one of these deals that I am torn pretty much 50/50.  I understand the protection of "local impact" when it comes to the "local economy".  On the other hand, I think a seller should be able to sell to a buyer regardless of who they are.  I'll just leave it at that.




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 jig-em-up-guide-service.com

 
Re: Governor rejects DU land purchase
by on 06/11/2009 12:41 PM | Reply #8 | "Quote" | "Quick Reply" |

Joined: 01/09/2002
Location: ND
Mauser
Is D.U. a corporate farm?

All I am saying is that I don't think the people of ND would support this applying of non-corporate farmland ownership laws to non-profits when the law was passed, nor in the current timeframe.

I would doubt that this type of application of the corporate farming laws would receive  a majority vote amongst the hunters and general population of ND.


Then again, you have already demonstrated a comfort zone of not being in the majority of North Dakotans, so this is likely to not be any different even though it should fall in lock-step with your support of landowner rights.  
“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain
Re: Governor rejects DU land purchase
by on 06/11/2009 1:22 PM | Reply #9 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: Mo
Why don't you look up what the ND law is on corp. land ownership. It really does,t matter what I think it is what is written.    I think the governor had no choice as I am sure he has to enforce the law.  Call your rep that is why he is there to make laws and change laws for the majority>


 
Re: Governor rejects DU land purchase
by on 06/11/2009 1:58 PM | Reply #10 | "Quote" | "Quick Reply" |

Joined: 01/09/2002
Location: ND
Thanks for the civics lesson that I don't need.

So here is one for you.  It is the Gov's decision.  He can approve or disapprove of the land purchase as it is left up to his discretion after he gets the recommendation from the Natural Areas Acquisition Committee.
“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain
Re: Governor rejects DU land purchase
by on 06/11/2009 2:56 PM | Reply #11 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: Mo
Allen Said:
Thanks for the civics lesson that I don't need.

So here is one for you.  It is the Gov's decision.  He can approve or disapprove of the land purchase as it is left up to his discretion after he gets the recommendation from the Natural Areas Acquisition Committee.

Ask him why he didn't aprrove it. Maybe he doesn't like duck hunters I don't know.

This is what the man said,if you don't like it don't vote for him again. Other than trying to pick at me,for agreeing with him,what is your point.

"In a letter dated June 9 from Gov. John Hoeven, DU was told the state "... generally prohibits corporate ownership of farm and ranch land in North Dakota.

"I do not find sufficient reason to depart from that general prohibition in this case ... "

You trying to make a case for another corp.to buy some land in ND? 


 
Re: Governor rejects DU land purchase
by on 06/11/2009 4:11 PM | Reply #12 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: ND
Allen said:
 
If having the land unavailable to hunters and the general population is a part of your concern, then perhaps we should take away all the land owned by the coal mines.

Question? Who is we?

Re: Governor rejects DU land purchase
by on 06/11/2009 5:12 PM | Reply #13 | "Quote" | "Quick Reply" |

Joined: 02/28/2007
Location: ND
I'm pretty sure there are numerous farms throughout our state that are corporations.  How is it they can purchase land under the corporation name. 
Re: Governor rejects DU land purchase
by on 06/11/2009 5:34 PM | Reply #14 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: Mo

eyexer I think the man who strated this post could tell you,  I can't or would I guess
or make assumptions with out knowing the facts.

I am sure the governor do what he thought was right,after being asked 3 times.

 
Re: Governor rejects DU land purchase
by on 06/11/2009 6:20 PM | Reply #15 | "Quote" | "Quick Reply" |

Joined: 02/28/2007
Location: ND
I trust the governor to do what's right.  I know that's a hard concept to grasp in this day and age but I thoroughly trust this man.  We need a pile of guys like this in D.C.
mauserG33-40 Said:

eyexer I think the man who strated this post could tell you,  I can't or would I guess
or make assumptions with out knowing the facts.

I am sure the governor do what he thought was right,after being asked 3 times.



Re: Governor rejects DU land purchase
by on 06/11/2009 9:25 PM | Reply #16 | "Quote" | "Quick Reply" |

Joined: 01/09/2002
Location: ND
Mauser, just perplexed with your inconsistency and apparent not understanding of the ND law that you clearly didn't understand.

Fritz, we as in the taxpayers/voters of ND.  Anything else you confused with?  Or are you just like your alter ego Mauser and pretend to be a big landowner rights guy right until the topic of selling to who you want to buy your property comes up?
“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain
Re: Governor rejects DU land purchase
by on 06/11/2009 9:33 PM | Reply #17 | "Quote" | "Quick Reply" |

Joined: 01/09/2002
Location: ND
Mauser,

Not to belabor your comprehension skills, but that would be three distinctly separate transactions denied by the governor. Not three attempts at the same acres as your last post would suggest.  

Each transaction is supposed to be judged on its own merits and not be a blanket policy denying the nonprofits from owning land.



eyexer,
You are correct.  Many families get together and buy land then incorporate the ownership where only family members are share holders.  This is a legal exemption to the anti-corporate farming law so long as there are fewer than 15 shareholders and they are all related. 
“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.” ~ Mark Twain
Re: Governor rejects DU land purchase
by on 06/11/2009 10:04 PM | Reply #18 | "Quote" | "Quick Reply" |

Joined: 05/23/2002
Location: ND
FYI,
Under no circumstances should land or any other appreciable asset be put into a corporation.  There are no advantages and the potential tax consequences are phenomenal.  There are a number of other business structures available that provide protection and avoid the negative tax consequences.

Quite simply, it is extremely easy to transfer land to a corporation.  There are no tax ramifications to that transaction.  Getting it back out triggers tax that is extremely ugly and totally unavoidable.

There are very few farm corporations in ND.  Really no need for them.  We have LLP, LLLP, Joint Ventures, General Partnerships, Limited Partnerships, and a number of other options.

As for this deal, I'll support the Governor until somebody convinces me that he is wrong.
Re: Governor rejects DU land purchase
by on 06/11/2009 10:11 PM | Reply #19 | "Quote" | "Quick Reply" |

Joined: 05/24/2008
Location: Mo
Allen you are perplexedor or constipated about something all the time.  You need to sit down with your fellow democats and get a grip.  As you told bdog I think you have a mouth full .....................................
Fritz the Cat Said:
Allen said:
 
If having the land unavailable to hunters and the general population is a part of your concern, then perhaps we should take away all the land owned by the coal mines.

Question? Who is we?


"Fritz, we as in the taxpayers/voters of ND.  Anything else you confused with?"

The taxpayers/voters of ND are now going to shut-down the coal mines?  You are like Kaseman you speek for a lot of people.


Farnorth you are 100% correct about the use of a corporation,the LLC is a much better way to go.  Just desolved a sub chapter S Inc. very costly.



  
 
Re: Governor rejects DU land purchase
by on 06/11/2009 11:30 PM | Reply #20 | "Quote" | "Quick Reply" |

Joined: 11/06/2002
Location: ND

The hypocricay of this law is over the top. One really needs to look hard at the properties in question as well as the Cook land. The fact is that our law is ripe for a challenge. It could have and should have been fixed a long time back. What is going to happen is that Cook and DU and other conservation Org will challenge it and win once it gets outside of the ND Supreme Court.

NB and IA had similar laws and lost all protection to corporation ownership in the courts. SD also faced similar trouble but changed things. But why should we expect organizations like FB, FU etc.... to see reality.

Mauser continues to always use the more land will be closed line! And like always those who would close land over this issue already are!


A simple fix to the Corp farming law would be to prohibit as we do now companies like Cargill for example from buying farm land, but allow for Non profit corp which are conservation org to buy land. This is how SD law is written and it does what it suppose to do. NB law was almost the same and ND and it got tossed as did IA. Now we have huge dairy,hog farms in both states. Somewhere around 70% of all pork produced in IA is now under ownership of the packing plants. So Mauser if you want this to happen here, keep spouting the FU and FB line of opposing any sale to DU or organizations like them.

In my lifetime I have seen fence row to fence row farming and the return of CRP and game to the landscape.Now we face again the prosepect of fence row to fence row again! Sportsman are our own worst enemy in that we fail to look forward and focus to much on the now!
Posted By:
Posted On: 06/11/2009 06:30 AM
1888 Views, 64 Comments

Tags: land, governor, purchase, rejects, north, dakota, gehring, brian, bismarck, 06-11-2009
More Tags: Jim Ringelman, Governor, North Dakota, Natural Areas Acquisition Committee, McLean County, Don Canton, BRIAN GEHRING, Ducks Unlimited, unjust law, McLean County Commission, John Hoeven, 250-8254, Reach reporter , spokesman , director of conservation programs, director of conservation programs in DU's Bismarck office , Kidder County, California, Sheridan County, Bismarck Tribune, M&A, Person Travel, Business_Finance
Region: North Dakota

Categories: General
Rate This ForumTopic
  • Currently 0/5
  • 1
  • 2
  • 3
  • 4
  • 5

0/5 (0 votes cast)

You must be signed in to comment on this topic