Wednesday, July 15, 2009
Standard Article by Brett Narloch
Issue: Property Rights
The North Dakota Policy Council (along with the North Dakota Farm Bureau, SayAnything Blog, Scott Hennen Show, and local activists) achieved a small but tangible success recently with the addition of an opt-out clause to the Northern Plains National Heritage Area. The clause allows private landowners to file a form stating their desire for their land to be withdrawn from the area which the Northern Plains Heritage Foundation will supposedly honor when it creates the management plan for the area.
While the addition of the clause was a minor victory, landowners need to know that opting out of the area does not mean their land is immune to the affects of the NPNHA. The NDPC has shown how the NPNHA will negatively affect property rights. The Northern Plains Heritage Foundation will have at least $10 million in federal money with which to “manage” the area. Proponents claim that the money will be used strictly to restore and enhance historical and cultural landmarks in the area, but the money will probably be used to influence land use decisions at local governments. Cash-strapped cities and counties may adopt changes to their land use plans and comprehensive plans if offered federal money.
When landowners take their land out of the area, they are essentially giving up their claim to any of the federal money and any other supposed benefits of being included in the area. However, the landowners cannot opt out of the negative affects of the area.
If the NPHF successfully influences land use policy at the county, municipal, and township levels, then the land will be included in those decisions regardless of whether or not the land is included in the NPNHA. A landowner cannot opt out of a county comprehensive plan. If the NPHF convinces a county commission to makes changes to its comprehensive plan, then landowners are still at the mercy of the NPHF.
Opting out of the NPNHA would send a political message to the federal and local governments to stay out of the business of regulating land use. Unfortunately, opting out of the area does little to stop those interested in denying landowners their property rights.
