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North Dakota Senate Bill SCR4002

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SCR4002 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE CONCURRENT RESOLUTION NO. 4002
4-(Senators Conley, Hogue, Thomas, Wanzek)
5-(Representatives Headland, Lefor)
1+25.3017.02000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Senators Conley, Hogue, Thomas, Wanzek
7+Representatives Headland, Lefor
68 A concurrent resolution urging Congress to enact legislation allowing a landowner to terminate a
79 perpetual easement owned by the United States Fish and Wildlife Service within the state.
8-WHEREAS, the Constitution of North Dakota provides all individuals are by nature equally free and
9-independent and have certain inalienable rights, among which are those of acquiring, possessing, and
10-protecting property and reputation; and
11-WHEREAS, Section 47-05-02.1 of the North Dakota Century Code is evidence of the state's strong
12-aversion to perpetual easements on real property in the state; and
13-WHEREAS, despite the law limiting perpetual easements, the United States Fish and Wildlife
14-Service owns tens of thousands of perpetual easements in the state covering more than one million
15-acres, many of which are located on agricultural land; and
10+WHEREAS, the Constitution of North Dakota provides all individuals are by nature equally
11+free and independent and have certain inalienable rights, among which are those of acquiring,
12+possessing, and protecting property and reputation; and
13+WHEREAS, Section 47-05-02.1 of the North Dakota Century Code is evidence of the
14+state's strong aversion to perpetual easements on real property in the state; and
15+WHEREAS, despite the law limiting perpetual easements, the United States Fish and
16+Wildlife Service owns tens of thousands of perpetual easements in the state covering more than
17+one million acres, many of which are located on agricultural land; and
1618 WHEREAS, under these perpetual easements, the United States Fish and Wildlife Service
1719 enforces unduly burdensome federal regulations and requirements; and
18-WHEREAS, the imposition and enforcement of these federal requirements negatively infringes on
19-basic private property rights, including the ability to drain ponds, plant crops, and conduct ranching
20-operations; and
21-WHEREAS, landowners subject to these perpetual easements should be afforded the opportunity
22-to terminate the easements by paying to the United States Fish and Wildlife Service the purchase price
23-of the easement on the effective date of the easement;
24-NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE HOUSE
25-OF REPRESENTATIVES CONCURRING THEREIN:
26-That the Sixty-ninth Legislative Assembly urges Congress to enact legislation allowing a landowner
27-to terminate a perpetual easement owned by the United States Fish and Wildlife Service within the
28-state; and
29-BE IT FURTHER RESOLVED , that the Secretary of State forward copies of this resolution to the
30-President of the United States, the Secretary of the Interior, each member of the North Dakota
31-Congressional Delegation, and the Governors of Iowa, Minnesota, Missouri, Montana, North Dakota,
32-and South Dakota. S.C.R. NO. 4002 - PAGE 2
33-____________________________ ____________________________
34-President of the Senate Speaker of the House
35-____________________________ ____________________________
36-Secretary of the Senate Chief Clerk of the House
37-Filed in this office this ___________day of _______________________________________, 2025,
38-at ________ o’clock ________M.
39-____________________________
40-Secretary of State
20+WHEREAS, the imposition and enforcement of these federal requirements negatively
21+infringes on basic private property rights, including the ability to drain ponds, plant crops, and
22+conduct ranching operations; and
23+WHEREAS, landowners subject to these perpetual easements should be afforded the
24+opportunity to terminate the easements by paying to the United States Fish and Wildlife Service
25+the purchase price of the easement on the effective date of the easement;
26+NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE
27+HOUSE OF REPRESENTATIVES CONCURRING THEREIN:
28+That the Sixty-ninth Legislative Assembly urges Congress to enact legislation allowing a
29+landowner to terminate a perpetual easement owned by the United States Fish and Wildlife
30+Service within the state; and
31+BE IT FURTHER RESOLVED , that the Secretary of State forward copies of this resolution
32+to the President of the United States, the Secretary of the Interior, each member of the North
33+Page No. 1 25.3017.02000
34+ SENATE CONCURRENT RESOLUTION NO. 4002
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60+25 Sixty-ninth
61+Legislative Assembly
62+Dakota Congressional Delegation, and the Governors of Iowa, Minnesota, Missouri, Montana,
63+North Dakota, and South Dakota.
64+Page No. 2 25.3017.02000
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