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Sheldon Grothaus Broker, Owner, CEO

Late spring and summer rains have finally blessed South Texas and the Hill Country. It doesn’t take much to ignite our beautiful native landscapes and make them come alive. From the black brush and guajillo hills to the knee-high native grasses and the replenishment of the aquifers, nothing is more beautiful than this painted land!

I was recently in Alpine, Texas, and attended the annual meeting of the Davis Mountains Trans-Pecos Heritage Association. The speaker was Margaret Byfield, speaking on behalf of the American Stewards of Liberty.

Ms. Byfield briefed the audience on “conservation programs being used to achieve Biden’s 30x30 initiative.” One must ask themselves this question when presented with the decision to opt in or out of a conservation easement. Is it truly a burdenless easement/transition or a permanent servitude? Does the conservation easement provide for continued ownership and private control of existing “private” property, or is it a relinquishment of control and rights to a government or non-profit entity to encumber a landowner with the easement holder’s conservation purpose? Most of the time, the conservation purpose seems very attractive up front, for example, protecting the land from future development, enabling a continued native state, or the financial “gain of income and/ or estate tax reductions.” Often, landowners are not presented with the “not so attractive” attributes of an easement. They may be promised that their existing private property and activities will remain intact, but if there is ever a conflict between the private property landowner and the easement holder, guess who takes priority? Correct; usually not the landowner.

This brings another thought to mind: does a private landowner need permission to make changes in regards to inhabitation, grazing, modifications, maintenance, or any improvements on their property? If so, is that really private ownership? When a property is handed down to a future generation, perpetuity is passed along as well as encumbering that generation with activity restrictions and, most importantly, the restriction of our individual liberties as private landowners!

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