Restrictions from the easement I mentioned earlier.
1. The removal, control, or manipulation of sagebrush or native grassland by any means is prohibited, including but not limited to the burning, plowing, chemical treatment, or physical removal. The grazing of livestock or other activities allowed under Landowner?s rights would not be considered removal, control, or manipulation of sagebrush or removal of native grassland.
2. The legal or de facto subdivision of the Land for any purpose is prohibited, except as provided in this paragraph... Landowner may enter into an exchange of land with the state or federal governments; and such exchange will not be considered a subdivision...For purposes of this Easement, a subdivision means a division of land or land so divided that creates more than one distinct parcel, in order that the title to or possession of the parcels may be sold, rented, leased.... Further, the sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other improvement situated on one or more parcels of land is considered a subdivision under this Easement. The prohibitions against subdivision contained in this paragraph also apply to the sale, rental, lease, or other conveyance of the Land or any portion of the Land subdivided prior to the grant of this Easement to the Department.
3. Landowner shall use its best efforts to assure the retention of any and all water rights appurtenant to the Land as are necessary to preserve and protect the conservation values of the Land and will not transfer...
4. The removal of timber (live or dead) by any means is prohibited.
5. The harvesting of any native grass or seed species by haying or mowing is prohibited on native rangeland. This prohibition does not apply to the haying of crested wheatgrass, other non-native species, or cropland fields that are documented in the Easement Baseline Report.
6. No cultivation, digging, plowing, disking, or farming may occur on the Land, except: (a) fields of cropland or CRP, (b) chisel plowing of club moss on non-native fields, (c) reseeding of crested wheatgrass or CRP fields to native species. Cropland, non-native fields, CRP, and crested wheatgrass fields are documented in the Easement Baseline Report.
7. The draining, filling, dredging, leveling, burning, ditching, or diking of the natural wetland areas described in Exhibit E, attached to the Easement Document is prohibited.
8. The control, removal, or manipulation of any willows or riparian vegetation in coulees, drainages, water bodies, or natural wetland areas by any means is prohibited, except as needed for the ordinary course of maintaining fences, ditches, or stock water ponds or reservoirs provided for and allowed under this Easement.
9. The renting or leasing of, or sale of access to the Land to others for hunting or winter recreational purposes whether or not as a part of a commercial outfitting or guiding business, is prohibited.
10. The exploration for or development and extraction of minerals, coal, bentonite, soils, coal bed methane, or other materials by any surface mining method is prohibited, except Landowner may remove or excavate gravel for road improvements on the Land.
11. The construction or placement of any structure, building, or improvement of any kind is prohibited, other than as expressly allowed in this Easement.
12. The establishment or maintenance of any commercial feedlot is prohibited.
13. The use of the Land in connection with an alternative livestock ranch, game bird farm, shooting preserve, fur farm, menagerie or zoo, or the ownership, leasing keeping, holding, capture, propagation, release, introduction, or trade in any animal that may pose a threat to any mammalian, avian, reptilian, aquatic or amphibian wildlife species, whether or not indigenous to Montana, is prohibited.
14. Any commercial or industrial use of or activity on the Land is prohibited, other than those uses related agriculture permitted by this Easement;
15. The processing, dumping, storage or other disposal of wastes, refuse and debris on the Land is prohibited, except for nonhazardous and nontoxic materials generated by activities permitted on the Land.
Needless to say, he was very happy to accept $945,000 for continuing business as usual. Wouldn't exactly say he got kicked in the balls or forced sign something he didn't feel comfortable about. Obviously not every LO is interested in these types of easement, but there are plenty that are.
I guess if we want to benefit wildlife and recreation opportunities long-term this is the way to go. If we want to piece meal every year, let's continue to pay "rent".
1. The removal, control, or manipulation of sagebrush or native grassland by any means is prohibited, including but not limited to the burning, plowing, chemical treatment, or physical removal. The grazing of livestock or other activities allowed under Landowner?s rights would not be considered removal, control, or manipulation of sagebrush or removal of native grassland.
2. The legal or de facto subdivision of the Land for any purpose is prohibited, except as provided in this paragraph... Landowner may enter into an exchange of land with the state or federal governments; and such exchange will not be considered a subdivision...For purposes of this Easement, a subdivision means a division of land or land so divided that creates more than one distinct parcel, in order that the title to or possession of the parcels may be sold, rented, leased.... Further, the sale, rent, lease, or other conveyance of one or more parts of a building, structure, or other improvement situated on one or more parcels of land is considered a subdivision under this Easement. The prohibitions against subdivision contained in this paragraph also apply to the sale, rental, lease, or other conveyance of the Land or any portion of the Land subdivided prior to the grant of this Easement to the Department.
3. Landowner shall use its best efforts to assure the retention of any and all water rights appurtenant to the Land as are necessary to preserve and protect the conservation values of the Land and will not transfer...
4. The removal of timber (live or dead) by any means is prohibited.
5. The harvesting of any native grass or seed species by haying or mowing is prohibited on native rangeland. This prohibition does not apply to the haying of crested wheatgrass, other non-native species, or cropland fields that are documented in the Easement Baseline Report.
6. No cultivation, digging, plowing, disking, or farming may occur on the Land, except: (a) fields of cropland or CRP, (b) chisel plowing of club moss on non-native fields, (c) reseeding of crested wheatgrass or CRP fields to native species. Cropland, non-native fields, CRP, and crested wheatgrass fields are documented in the Easement Baseline Report.
7. The draining, filling, dredging, leveling, burning, ditching, or diking of the natural wetland areas described in Exhibit E, attached to the Easement Document is prohibited.
8. The control, removal, or manipulation of any willows or riparian vegetation in coulees, drainages, water bodies, or natural wetland areas by any means is prohibited, except as needed for the ordinary course of maintaining fences, ditches, or stock water ponds or reservoirs provided for and allowed under this Easement.
9. The renting or leasing of, or sale of access to the Land to others for hunting or winter recreational purposes whether or not as a part of a commercial outfitting or guiding business, is prohibited.
10. The exploration for or development and extraction of minerals, coal, bentonite, soils, coal bed methane, or other materials by any surface mining method is prohibited, except Landowner may remove or excavate gravel for road improvements on the Land.
11. The construction or placement of any structure, building, or improvement of any kind is prohibited, other than as expressly allowed in this Easement.
12. The establishment or maintenance of any commercial feedlot is prohibited.
13. The use of the Land in connection with an alternative livestock ranch, game bird farm, shooting preserve, fur farm, menagerie or zoo, or the ownership, leasing keeping, holding, capture, propagation, release, introduction, or trade in any animal that may pose a threat to any mammalian, avian, reptilian, aquatic or amphibian wildlife species, whether or not indigenous to Montana, is prohibited.
14. Any commercial or industrial use of or activity on the Land is prohibited, other than those uses related agriculture permitted by this Easement;
15. The processing, dumping, storage or other disposal of wastes, refuse and debris on the Land is prohibited, except for nonhazardous and nontoxic materials generated by activities permitted on the Land.
Needless to say, he was very happy to accept $945,000 for continuing business as usual. Wouldn't exactly say he got kicked in the balls or forced sign something he didn't feel comfortable about. Obviously not every LO is interested in these types of easement, but there are plenty that are.
I guess if we want to benefit wildlife and recreation opportunities long-term this is the way to go. If we want to piece meal every year, let's continue to pay "rent".