I want to thank the LAND board and members who so generously gave of their time and efforts in working on issues before the Legislature. LAND worked for the successful defeat of SB 2388 (introduced by Farm Bureau to allow Farm Bureau and other farm organizations to act as brokers for perpetual easements). LAND stood consistent with our policy (as approved by members at the Annual meeting) and opposed this bill that broadened the scope of perpetual easements in North Dakota. Representative Duane DeKrey (LAND board member) gave inspired testimony before the House of Representatives that swayed many votes to our side. (See full House testimony inside.)

Because we threw all our defenses at SB 2388, we were not able to help with the passage of HB 1425, which would have capped non-profit ownership of property in North Dakota at 50,000 acres. Some of us heard HB 1425 debated before the Senate and felt Senators Wanzek and Christmann did an excellent job promoting the bill but the Senate did not concur.

While we might be tempted to gloat in our "victory" on SB 2388 or sulk because of the defeat of HB 1425, neither gloating nor sulking does anything to address the long term problems we face with property laws and the effect these unjust rules and regulations have on our bottom line profitability.

We can take action on a number of issues that will improve our property rights and by so doing improve agricultural profitability. The most obvious action needed to be taken is enforcing the court's demands on the USFWS concerning pre 1976 perpetual easements in the Johansen case.

Secondly, LAND has recently heard about a court victory for landowners in Nebraska. This decision says a downstream owner cannot restrict the cleaning of a drain constructed prior to 1985 if that clogged drain is causing problems for the upstream owners. This decision will set a farmer friendly precedent. We need to watch NRCS/USDA to see how they change their management of wetlands to abide by this decision.

Agricultural organizations have plenty of issues to work on that will both improve the profitability of agriculture and unify us in goal and purpose.