Viewpoint: A landowner’s right to choose

The American spirit is deeply intertwined with the ideal of private property rights. The freedom to own, manage and conserve one's land is a fundamental liberty underpinning our democracy.

Yet this freedom is under attack in Montana, where political dogma obstructs a landowner’s voluntary decision to conserve their property through a conservation easement (CE).

A CE is a legal agreement between a landowner and a land trust or government agency that permanently limits some land uses, such as subdivisions, while simultaneously protecting traditional ranching and farming activities. Forgoing the right to subdivide lowers the land's taxable value, making it easier to pass along intact, reminding us of a popular bumper sticker years ago: Cows, not Condos.

The recently stalled Stafford Ferry CE in Fergus County is the latest case of political overreach. Despite the landowner’s desire to protect his land for traditional agricultural use and bighorn sheep habitat, along with widespread public support for keeping it intact through a CE, the project was dropped at the last minute. Multiple state and county officials seem to oppose perpetual CEs.

This is an assault on private property rights. Conservation easements in perpetuity, like the one proposed for the 1,080-acre Stafford Ferry CE, are vital for sustaining Montana's working agricultural lands and critical wildlife habitats. They offer significant benefits: they keep working lands intact, safeguard open spaces, protect wildlife habitat and provide landowners with valuable tax benefits. Most importantly, they are voluntary agreements between landowners and qualified organizations.

Habitat Montana, the state's flagship CE program, has a long and successful history of protecting private lands. Since 1987, it has helped landowners and FWP voluntarily conserve over 350,000 acres. These easements are in perpetuity to ensure that Montana's agricultural heritage and wildlife habitats remain vibrant, including guaranteeing public hunting access.

Montanans of all stripes have come to appreciate the many benefits of Habitat Montana as a trusted private-public partnership that protects our way of life. So why this resistance to this proven legacy tool? The answer, it seems, lies in personal political agendas. Some elected officials appear determined to undermine CEs, overriding the landowner's desire to exercise his private property rights. They are inserting government into our lives on the pretense of keeping government out of our lives.

This is unacceptable. Like others, this landowner entered negotiations with FWP in good faith, making long-term plans based on this easement. By denying this agreement at the last minute, officials are jeopardizing the viability of this property and sending a chilling message to other landowners considering conservation: your rights are secondary to political agendas.

So, what will happen to the Stafford Ferry CE now? It's not clear. But its fate may be like that of so many other wildlife-rich ranches and farms in Montana, poignantly illustrated in the show Yellowstone. They become the playground for the wealthy and politically well-connected elites in their quest to own a slice of Eden, fueled by values far removed from those of Montanans working and living on the land. Once it changes hands, it never goes back.

While the FW&P commission should face public backlash for this change of heart, the true culprits are the elected officials who prioritize their personal views over the needs and rights of their constituents. Their actions are a slap in the face to every landowner who believes in both the sanctity of private property and the importance of conservation.

The Stafford Ferry CE is a wake-up call. It's time for Montanans to stand up and defend the rights of landowners to make their own choices about their property. If we allow these actions to override individual liberty and conservation values, we risk losing not only our precious landscapes but also the very essence of what it means to be a Montanan. We are pleased the Fergus County Commission now supports the CE.

Call your FW&P commissioner and the governor and tell them to keep dogma out of landowners’ legacy decisions.

Helena Hunters and Anglers, Hellgate Hunters and Anglers, Montana Bowhunters Association, Montana Chapter of Backcountry Hunters & Anglers, Montana Sportsmen Alliance, Montana Wildlife Federation, Public Land Water Access Association, Skyline Sportsmen, Traditional Bowhunters of Montana