Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE CONCURRENT RESOLUTION NO. 4002
(Senators Conley, Hogue, Thomas, Wanzek)
(Representatives Headland, Lefor)
A concurrent resolution urging Congress to enact legislation allowing a landowner to terminate a
perpetual easement owned by the United States Fish and Wildlife Service within the state.
WHEREAS, the Constitution of North Dakota provides all individuals are by nature equally free and
independent and have certain inalienable rights, among which are those of acquiring, possessing, and
protecting property and reputation; and
WHEREAS, Section 47-05-02.1 of the North Dakota Century Code is evidence of the state's strong
aversion to perpetual easements on real property in the state; and
WHEREAS, despite the law limiting perpetual easements, the United States Fish and Wildlife
Service owns tens of thousands of perpetual easements in the state covering more than one million
acres, many of which are located on agricultural land; and
WHEREAS, under these perpetual easements, the United States Fish and Wildlife Service
enforces unduly burdensome federal regulations and requirements; and
WHEREAS, the imposition and enforcement of these federal requirements negatively infringes on
basic private property rights, including the ability to drain ponds, plant crops, and conduct ranching
operations; and
WHEREAS, landowners subject to these perpetual easements should be afforded the opportunity
to terminate the easements by paying to the United States Fish and Wildlife Service the purchase price
of the easement on the effective date of the easement;
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF NORTH DAKOTA, THE HOUSE
OF REPRESENTATIVES CONCURRING THEREIN:
That the Sixty-ninth Legislative Assembly urges Congress to enact legislation allowing a landowner
to terminate a perpetual easement owned by the United States Fish and Wildlife Service within the
state; and
BE IT FURTHER RESOLVED , that the Secretary of State forward copies of this resolution to the
President of the United States, the Secretary of the Interior, each member of the North Dakota
Congressional Delegation, and the Governors of Iowa, Minnesota, Missouri, Montana, North Dakota,
and South Dakota. S.C.R. NO. 4002 - PAGE 2
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State