TSLN Homeland Spring 2017

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omeland

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PUBLICATION

FARM, RANCH & HOME REALTY

SPRING 2017

OF

SUPERIOR QUALITY, MORE CHOICES.

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605-791-2300 Arapahoe For more13467 information on theseDr. and other properties go to: Piedmont, SD 57769 www.HewittLandCompany.com Hewittlandcompany.com

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Because it’s more than a deal.

1205 N Harrison #202 Pierre, SD 57501 605-494-0205

Tres Crosses Ranch 130 acres, Spearfish, SD Priced at $2,750,000

Johnson Place 320 acres, Firesteel, SD Priced at $640,000

Moreau River Ranch 2,389 Total Acres (1,319 Deeded), Perkins County, SD Priced at $1,400,000

Butte County Grassland 782 acres, Newell, SD Priced at $566,950

Bieber Farmland 640 acres, Bison, SD Priced at $816,000

McKnight Angus Ranch 7,308 Total Acres (6,428 Deeded), Bison, SD Priced at $8,400,000

Lyman County Farmland 125.37 acres, Chamberlain, SD Priced at $332,230

Bennet County Farmland Martin, SD- 1,739 acres Priced at $3,000,000

Scottsbluff County Irrigated Farmland Scottsbluff Co. NE, 480 Acres Priced at $700,000

Fuller Feedlot 158.52 acres, Onida, SD Priced at $1,600,000

Jones Family Farmland 160 acres, Onida, SD Priced at $632,000

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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Warner Ranch

Rocky Elk Ranch

Newcastle, WY

Piney Meadows Ranch

Newcastle, WY

NEW LISTING

Working ranch between Newcastle and Wright. 1,600 acres in hard-grass country, with some tillable land utilized for improved pasture. Cross fenced into four main pastures. Good water resources with a well and pipeline to several tanks, plus a solar well.

Mobile home hook-up, corrals, 2 sheds, & windbreaks. Located in a first-rate antelope area. $960,000.

Bear Lodge Ranch

Sundance, WY

NEW LISTING

In the heart of elk country with 300+ class bull elk. 7,361 deeded acres plus 440 acres of State & BLM. Terrain ranges from creek bottoms to mountain tops with awesome views. Major improvements include new fences, new water tanks, new corrals, and much more after a wildfire in 2012. Black Hills recreational location with trophy elk & live water! $8,100,000.

ElBarBee Ranch

Sundance, Wyoming

26% PRICE REDUCTION

Black Hills setting on 263 acres between Sundance & Devils Tower. Custom brick home built with comfort, quality and low-maintenance living in mind. The three level design has an open floor plan and offers 3 +bedrooms & 4 baths. Insulated workshop with attached shop. End of the road privacy, yet less than a mile from Hwy. Reduced from $2,385,000 to $1,750,000.

Fresh Water Ranch

Newcastle, WY

Newcastle, WY

PRICE REDUCTION

An iconic Black Hills ranch with 880 acres in a scenic and remote setting on the west side of the Bear Lodge Mountains. A high country property with landowner elk tags and an incredible mountain landscape.

The ranch is a well-known landmark which has been in the same family for many years. This secluded mountain getaway has just been reduced to $2,288,000

Distinctive Wyoming ranch with 1,074 acres in a picturesque Black Hills setting with extensive improvements. The custom crafted log home has end of the road privacy.

Well-kept set of support buildings including a guest apartment with horse barn, shop, equipment shed and machine shed. An unique setting on Stockade Beaver Creek. $3,800,000.

Bar T Bar Property

2D Farm

Four Corners

Butte County, SD

Wild and scenic Black Hills ranch. 3,669 acres with live water, highway access, excellent wildlife habitat, and incredible mountain scenery. New water projects, new fences, and new ranch roads. This is one of the top quality recreational holdings and one of the largest blocks of deeded land available in the Black Hills. An exceptional offering. $8,500,000.

Kara Creek Divide Ranch Sundance, WY

NEW LISTING

Irrigated farmland in western South Dakota. 161 acres which includes 119 acres of flood irrigated land with both class three and four soils. Currently the property has 40 acres planted to winter wheat with the remaining fields in oats and alfalfa. Has an electrical drop, Butte-Meade Water line runs along the county road and it has a livestock reservoir. $324,000

Super Black Hills setting between Newcastle & Deadwood. 170 acres in the foothills near Four Corners fronting Highway 85. Has a pond, seasonal creek, rolling hay meadows & several wooded building sites. Phone & power run through the property. A tremendous place for a year round home or recreational adventures. $595,000. Parcels available.

Picturesque Black Hills ranch along Inyan Kara Creek. 2,019 deeded acres and 80 acres BLM lease. The striking combination of topographical features provide spectacular scenery and an excellent environment for wildlife. Creek bottoms, hidden meadows, rugged wooded hills and high plateaus with wide ranging views. Premier setting with live water. $3,450,000

Phone: 307-746-2083 Box 98, Newcastle, WY 82701 Print brochures at ArnoldRealty.com Licensed in WY, SD & MT

Sign up for email property updates at ArnoldRealty.com 2

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

SERVING THE LIVESTOCK INDUSTRY FOR FIVE DECADES 1501 5TH AVENUE, SUITE 101, BELLE FOURCHE, SOUTH DAKOTA 57717

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1 (877) 347-9100 Publisher: SABRINA “BREE” POPPE Cell (605) 639-0356 | Office (877) 347-9104 spoppe@tsln-fre.com Editor: CARRIE STADHEIM cstadheim@tsln-fre.com Digital & Sections Editor: MARIA TUSSING mtussing@tsln-fre.com AG DIVISION Audience Engagement Coordinator: DANIELLE SCHLEGEL: (485) 770-6503 dschlegel@tsln-fre.com | dschlegel@thefencepost.com Fence Post Editor: RONA JOHNSON rjohnson@thefencepost.com Graphic Designer: CHRISTA VANDYKE Cattle Marketing Assistant & Nebraska Territory Account Manager: CARISSA LEE: (877) 347-9114 | clee@tsln-fre.com Special Projects Coordinator & Account Manager: DIANNA PALMER: SD–N. of I-90 West of the River (605) 423-6045 | (877) 347-9112 dpalmer@tsln-fre.com Account Manager: SUSAN CABLE: SD–S. of I-90 Rosebud East Territory (605) 840-1986 | (888) 648-4449 scable@tsln-fre.com Major Accounts Manager: SARAH SWENSON: Wyoming & Montana (303) 710-9254 | (855)370-0539 sswenson@tsln-fre.com Nebraska Account Manager: GAYDAWN ROGERS (970) 301-2190 | grogers@thefencepost.com Greeley/Fort Collins Account Manager: MARY ROBERTS (970) 301-2192 | mroberts@thefencepost.com Southeastern & Western Colorado: CHRISTINE MCGEE (970) 301-2191 | cmcgee@thefencepost.com Foothills-West Colorado: DEANNA LEVINE (970) 590-0412 | dlevine@thefencepost.com

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COPYRIGHT 2017. ALL RIGHTS RESERVED. ERRORS: The Tri-State Livestock News & The Fence Post shall be responsible for errors or omission in connection with an advertisement only to the extent of the space covered by the error.

Opinions stated in letters or signed columns do not necessarily reflect the official opinion of Tri-State News.

SPRING 2017

Contents

6 A Landowner’s Guide TO EMINENT DOMAIN

14 Blowin’ in the Wind

LAND OWNERS SEE PROS AND CONS OF WIND TURBINES

24 Water is King

WHAT WATER AND WATER RIGHTS CAN MEAN

FOR REAL ESTATE

30 Growing Value

PLANTING TREES ADDS VALUE TO PROPERTY

36 Finding a Fit with Outfitters

5 CONSIDERATIONS WHEN LEASING OUT LAND FOR HUNTING

46 Questions

LAND BUYERS SHOULD ASK, BUT OFTEN DON’T

54 Resolving Rural Conflict

FROM BOUNDARY LINES TO BANKRUPTCY

63 Advertiser Index

iStock Photo Patrick Ziegler

A LANDOWNER’S GUIDE

to

Eminent Domain

By Karin Schiley

“Eminent domain” can strike fear into the heart of many a landowner. It carries with it a hazy concept of the government taking private property to create a park or hiking trail or highway. But what is it, and what does it really mean for landowners?

“First and foremost, most people don’t even know what eminent domain means when they are first approached,” said Ivar Larson, a Colorado landowner who has personal experience with eminent domain.

Simply put, eminent domain is the right of a government or agency to take private property for public use, with payment or compensation. The matter gets complicated, however, when “public use” is expanded to included “public benefit.” Is a pipeline for public use or for public benefit? It may depend on whether the line is carrying a public utility, such as electricity, or a commodity such as oil. In the end, it comes down to how each state’s judicial system interprets their laws.

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To further muddy the water, compensation for private landowners can be hard to fairly and accurately envision. Landowners need to ensure that they are being properly compensated for something that may impact their land for generations to come. Many eminent domain condemnations are “in perpetuity”– forever.

In 2005, a controversial Supreme Court decision brought eminent domain to the forefront. In Kelo v. City of New London, the Supreme Court ruled the benefits a community enjoyed from economic development could qualify as public use.

The ruling caused many states to introduce legislation that would protect private landowners’ rights and prevent eminent

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

ISTOCK PHOTO

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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domain abuse, preventing private companies from declaring eminent domain on any land just to further develop it.

choose to negotiate the terms of compensation being offered or to legally appeal the eminent domain ruling.

The Castle Coalition, a grassroots property-rights project based in Virginia, has instituted a report-card system of rating each state’s eminent domain laws in regard to their protection of private land-owners’ rights. The Castle Coalition rates South and North Dakota’s eminent domain laws as an A for protecting landowners’ rights. Kansas and Wyoming both received a B rating, while Colorado gets a C. The coalition was harder on Nebraska and Montana, scoring their eminent domain laws at a D.

Ivar and Donna Larson, who fought the eminent domain condemnation on their land all the way to the Colorado Supreme Court, feel landowners should do all that they can to keep their rights. “In my case, it was definitely worth it. I didn’t feel like I was being compensated for a second line right precluded by the original easement and safety setbacks for two lines like I deserved,” said Ivar Larson.

However, not everyone agrees that the current legislation protects landowners sufficiently. Furthermore, some contend that the current legislation has not kept up with the times and needs to be modernized to reflect the current infrastructure in our nation. As the nation continues to develop, private landowners need to ensure that the laws in their state will protect them sufficiently.

Most eminent domain cases begin when a landowner is approached by an entity to grant an easement to their property.

If the landowner refuses, then the entity may seek to condemn the land via eminent domain to gain entry to the property. The landowner must then

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Sinclair Transportation Company sought to declare eminent domain over the Larsons’ land in order to add a second line to an existing pipeline easement.

In May 2012, the Larsons won their case when the Colorado Supreme Court ruled that eminent domain was not granted to companies to construct pipelines carrying petroleum. The case set a legal precedent that has changed how eminent domain laws in Colorado are now interpreted. “It clarified the interpretation of decades of misused laws and I proved up that the company didn’t have eminent domain power,” said Ivar.

While it may seem that private landowners have little control over the eminent domain process, there are some things that they can do to protect their

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

A LANDOWNER’S GUIDE

to

Eminent Domain

This pipeline was the cause of a legal battle between the Iver and Donna Larson and Sinclair Transportation Company. PHOTO BY DONNA LARSON. TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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A LANDOWNER’S GUIDE

to

Eminent Domain

Larson said landowners must educate themselves in order to protect themselves. “You have to read the fine print. Most companies will want a blanket easement over all your land before construction.

A blanket easement basically says they can go wherever they want and may convert to a permanent easement after construction.”

Unfortunately, sometimes landowners aren’t successful in opposing eminent domain declarations.

In 2015, a judge in South Dakota granted the Dakota Access pipeline the right to survey the property of nearly two-dozen landowners who opposed the project. The company used eminent domain to access the landowners’ property to survey it before the state’s Public Utilities Comission had even had a hearing to determine if the pipeline could be built.

Furthermore, Larson said, “Generally, they are reluctant to put any termination for perpetuity. But for landowners to protect themselves, there needs to be an end date on the easement. Also, landowners should consider adding a rental compensation with inflation clause.”

Nancy Stofferahn, a South Dakota landowner who had land condemned via eminent domain when the Dakota Access pipeline was put in, said landowners need to consider liability concerns and address them in the easement. This includes liability for any third-party subcontractors.

property rights. Landowners can negotiate the terms of the easement even if eminent domain is declared.

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

“We couldn’t find an insurance company that would give us liability insurance with the pipeline.

Eventually, we got the company to write their liability into our easement,” said Stofferahn. “Landowners have to protect themselves.

They need to be conscious of their own liability if something would happen on their land.”

Additionally, Stofferahn suggests that landowners seek legal council before signing any documents concerning easements or compensation.

“Know your rights,” said Stofferahn, “and think to the future.

We made sure that our easement included a clause that prevented multiple pipelines.”

Other issues to consider when negotiating an easement include the landowner’s right of use.

Consider all potential uses of the land and ensure that they will not violate the easement. Future uses may include the right to farm in or around the easement, graze livestock, conduct recreational uses, place structures or buildings and create roads or driveways. Building these potential uses into the easement can protect landowners’ future uses of their land.

While you can’t prevent an eminent domain case involving your land, you can be prepared for such an event by knowing your rights and the laws in your state.

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ISTOCK PHOTO

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F arm F arm ■ r■anch r anch ■ r■ecreational r ecreational r eal r eal e state e state

MIDDLE MIDDLE FORKFORK RANCH RANCH Park County, Park County, ColoradoColorado 13,330 Acres 13,330• Acres $13,500,000 • $13,500,000

3,330 deeded 3,330 acres deeded and 1,000 acres acres andof 1,000 BLMacres leaseofground BLM lease located ground nearlocated near Fairplay, CO,Fairplay, just 30 minutes CO, justsouth 30 minutes of Breckenridge south of Breckenridge and 2 hours and west2of hours west of Denver. Offers Denver. worldOffers class fishing, world class goodfishing, carrying good capacity carrying for capacity grazing, for grazing, and unbelievable and unbelievable views. DAX HAYDEN, views. DAX 303-619-6774 HAYDEN, 303-619-6774

HISTORIC HISTORIC FRANCIS FRANCIS CATTLE CATTLE RANCH RANCH

Custer County, Custer Nebraska County, Nebraska 5,155 Acres 5,155 • $7,300,000 Acres • $7,300,000

Wonderful ranch Wonderful operation ranch with operation 400+ acres with 400+ of flood acres of flood irrigation hayirrigation meadows, hayexcellent meadows, stock excellent water, tremendous stock water, tremendous 307-699-1378 VACEK, 307-699-1378 hunting and more. huntingBILL andVACEK, more. BILL

Rare opportunity Rare opportunity to own 4,565 to +/own contiguous 4,565 +/- contiguous deeded deeded acres of hardacres grassofrange-land hard grassin range-land central Nebraska. in centralTwo Nebraska. Two stock wells feed stock43wells stock feed tanks, 43 stock above tanks, average above fencing, average fencing, Zimmatic center Zimmatic pivot.center JADE pivot.

STUNKEL, JADE308-730-7071 STUNKEL, 308-730-7071

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4S RANCH 4S RANCH

Laramie County, Laramie Wyoming County, Wyoming 13,370 Acres 13,370 • $10,967,085 Acres • $10,967,085

Homeland SPRING 2017

www ■ .Hwww ayden .H ayden O utdOOrs O utdOOrs . cOm .■cOm 970.674.1990 ■ 970.674.1990 ■

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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colorado ■ iowa ■ Kansas ■ nebrasKa ■ new mexico ■ oKlahoma ■ south daKota ■ utah ■ wyoming

colorado ■ iowa ■ Kansas ■ nebrasKa ■ new mexico ■ oKlahoma ■ south daKota ■ utah ■ wyoming

BIG ELK RANCH

Boulder County, Colorado 2,121 Acres • $6,250,000

Situated in a secluded mountain valley, just over an hour from Denver and 20 minutes from Estes Park, is 2,100+ acres of pristine mountain land. Currently runs a productive livestock operation, with superior hunting and fishing. ZACK WIESE, 970-889-3142

BIG ELK RANCH

Boulder County, Colorado 2,121 Acres • $6,250,000

Situated in a secluded mountain valley, just over an hour from Denver and 20 minutes from Estes Park, is 2,100+ acres of pristine mountain land. Currently runs a productive livestock operation, with superior hunting and fishing. ZACK WIESE, 970-889-3142

KANSAS NEBRASKA FARM & RANCH

STONE MEADOW RANCH

1,197 acres of dryland cultivation and 531 acres of native grass. Good three wire fences, well water for cattle, large shop, cattle shed. LEO HAYDEN, 785-821-3683

Gorgeous 730 acre property with two homes, 48 x 96 barn, high panel corrals, chutes and handling equipment, borders USFS. DAVID PETERSON, 605-341-1997

Custer County, Nebraska 5,155 Acres • $7,300,000

Custer County, Nebraska 730 Acres • $2,400,000

Hayden Outdoors has been selling farm, ranch and recreational properties across the Great Plains and KANSAS NEBRASKA FARM & RANCH STONE MEADOW RANCH Rocky Mountains since 1976.

WeCounty, are stewards Custer Nebraska of the land and we cherish what we do.

Custer County, Nebraska AcresWe • $7,300,000 We farm. We hunt. We 5,155 ranch. fish. We truly love the outdoors.

1,197 acres of dryland cultivation and 531 acres of native grass. Good three wire fences, well water for cattle, large shop, cattle shed. LEO HAYDEN, 785-821-3683

730 Acres • $2,400,000

Gorgeous 730 acre property with two homes, 48 x 96 barn, high panel corrals, chutes and handling equipment, borders USFS. DAVID PETERSON, 605-341-1997

Invest in the land you can stand on tomorrow.

View all of our current properties at: www.HaydenOutdoors.com Hayden Outdoors has been selling farm, ranch and recreational properties across the Great Plains and Rocky Mountains since 1976. We are stewards of the landTRI-STATE and we LIVESTOCK cherish what do.FENCE POST Homeland SPRING 2017 NEWSwe | THE

We farm. We hunt. We ranch. We fish. We truly love the outdoors.

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Blowin’ in the wind LANDOWNERS SEE PROS AND CONS OF

WIND TURBINES

Some landowners don’t want their views and property rights to be restricted by wind turbines, while others see it as a revenue opportunity. ISTOCK PHOTO.

“I

By Kathy Parker

f the view isn’t going to change, you might as well have them on your side of the fence,” said Wyoming rancher Dave Berry.

Berry’s view isn’t unique–if wind turbines are on the ranches around you, you might as well share in the profits.

Like every business endeavor, wind turbines–giant windmills used to generate electricity–have advantages and drawbacks.

According to the United States Department of Energy, wind energy is the world’s fastest growing energy technology. The top five states in wind farm installation in a 2012 study were Texas, Iowa, California, Illinois and Minnesota. Since then, the top 10 states in wind resources have been classified by the United States Department of Energy as North Dakota, Texas, Kansas, South Dakota, Montana, Nebraska, Wyoming, Oklahoma, Minnesota and Iowa.

South Dakota is ranked fourth nationally in the percentage of electricity generated by renewable sources. Unfortunately, the tax burden for wind farms in South Dakota is causing it to be surpassed in favor of other states. State taxes on a 100-megawatt wind farm operating for 20 years in South Dakota are $13.9 million, compared to $8.9 million in North Dakota and $9.6 million in Minnesota.

A March 2016 study reported by DOE found landowners agreeing to wind farms on their property did not like the number of trucks running to the site for at least a year to get the wind farm running. Their ranch roads were ruined in the process. Residents disliked the turbines in general, citing fears the giant windmills were degrading the wildlife habitat.

Wind energy use is not new. In the 1800s, farmers began using windmills to pump water, a practice still in use today. In 1900, small wind systems were installed to generate direct current electricity. These systems stayed in place until the 1950s when the Rural Electrification Ad-

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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ministration provided economical electricity from the United States’ central power grid system. The oil shortage scare of the 1970s sparked interest in alternative sources of energy, especially renewable ones.

The amount of generation from any wind farm is directly proportional to the wind speed. Therefore, the more wind, the more power generated and the more money to be made.

According to the American Wind Energy Association, if all other factors are equal, a turbine located where winds average blowing five meters per second will produce twice as much electricity as a turbine located where the wind speed averages four meters per second. That is why wind farms go where the wind blows.

Kansas rancher Kristin Zemp was raised on a Wyoming ranch, but there are no wind turbines there.

“Believe it or not,” Zemp said, “there is not enough wind on our place to run a profitable wind turbine.”

Many states have areas where wind farms thrive and areas where the turbines will not produce at all.

Mark Isley operates the King Ranch near Cheyenne, Wyoming. The ranch has 20 turbines on private ground and 14 on a contract with the city of Cheyenne.

“We were the first people to have turbines on a ranch with the Cheyenne wind contract before they had been heard of. My predecessors, the Kings, were world travelers and they had seen wind energy in other countries.

“We saw it as a way of bringing back the next generation (to the ranch),” Isley said. With the guaranteed income from turbines, a ranch can better support families and they are not totally at the mercy of a volatile cattle market.

“It’s been good and the company has been good for us,” Isley said.

King ranch works every facet of a beef operation, from taking in yearlings to feed, to mama cows and a stocker program. Isley’s wind contract pays a royalty rate for the electricity generated, along with compensation for lost ground. Contracts pay the landowner a set rate for installation plus a flat fee or royalty on the power produced. There is a floor price for royalties, so the ranch gets the minimum payment whether or not the turbines are running. Isley said this is a key contract point because the company keeps the turbines in good running condition since the rancher must be paid no matter the turbine’s output.

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“Service is our Attitude, Excellence is our Goal”

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Wayne Howard Dennis Johnson Broker Associate (970) 396-9762

Broker / Owner (970) 590-5982

Vernon Cecil

Broker Associate (970) 396-2301

6200 West 10th Street | Greeley, CO 80634 Telephone: 970 353-0982 | www.terrawestusa.com

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Blowin’ in the wind LANDOWNERS SEE PROS AND CONS OF

WIND TURBINES In many cases, agriculture and wind energy can work together.

ISTOCK PHOTO.

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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Blowin’ in the wind LANDOWNERS SEE PROS AND CONS OF

WIND TURBINES

2900 Acres +/- Cattle/Recreational Ranch.

AUCTION LOCATION: 2900 Cattle/Recreational Ranch.

2360 +/- Acres Deeded+/and 540+/- Federal Lands.

AUCTION LOCATION: HOLIDAY INN EXPRESS 2900 Acres +/-Acres Cattle/Recreational Ranch.

2360 +/Deeded Acres and 540+/Federal Lands.

AUCTION LOCATION: HOLIDAY INN EXPRESS Located 2360 approximately 46 miles east from Newell SD and 31 miles CONVENTION CENTER +/- Deeded Acres and 540+/FederalSD Lands.

HOLIDAY INN EXPRESS Located approximately 46 miles east from Newell and 31 miles CONVENTION CENTER west of Faith SD then 2 MILES NORTH ON STOMPRUD ROAD. 2721 LAZELLE STREET Located approximately 46 milesNORTH east fromON Newell SD and 31 miles CONVENTION CENTER west of Faith SD then 2 MILES STOMPRUD ROAD. 2721 LAZELLE STREET STURGS SD ON HWY 14A Offered in 22 MILES Tracts NORTH and as anONEntire Unit! ROAD. west of Faith SD then STOMPRUD 2721 LAZELLE STREET STURGS SD ON HWY 14A Offered in 2 Tracts and as an Entire Unit!

BOULDER CANYON STURGS SD ON HWY 14A Offered in 2 Tracts and as an Entire Unit!

BOULDER CANYON BOULDER CANYON This ranch is ideally located in one of western South Dakota’s most desirable and appealing grass land areas. This Stomprud Vicinity Map South Dakota, AC +/This ranch is+/ideally located in one ranch of western South Dakota’s most desirable and appealing areas. This direct-private 2900 acres cattle/recreational boasts, end-of-the-road seclusion, numerous water grass sites, land This ranch is+/ideally located in one ranch of western South Dakota’s most desirable and appealing grass land areas. This direct-private 2900 acres cattle/recreational boasts, end-of-the-road seclusion, numerous water sites, to thesites, very direct-private reliable Rapid access to public land, abundant wildlife, and excellent hunting, all within an easy drivewater 2900 acres +/cattle/recreational ranch boasts, end-of-the-road seclusion, numerous drive to the very reliable Rapid access to public land, abundant wildlife, and excellent hunting, within an easy City Regional Airport and the Black all Hills of South Dakota. drive to the very reliable Rapid access to public land, abundant wildlife, and excellent hunting, within an easy City Regional Airport and the Black all Hills of South Dakota.

City Regional Airport and the Black Hills of South Dakota.

Tract #1: This is the WEST unit featuring 1440 +/- acres of deeded and Tract #1: of This is the WEST featuring 1440 +/-breaks acres ofofdeeded 200 acres BLM hard grassunit lands rolling in to the Cedar and Tract #1: of This is the WEST unit featuring 1440 +/-breaks acres ofofdeeded and 200 acres grassTBD lands rolling in to the Cedar Creek.

This BLM parcelhard features acres of farm/hay land with the remain200 acres of BLM hard grassTBD landsacres rolling in to the breaks of Cedar Creek.

This parcel of springs farm/hay land with the remainder in grass land andfeatures timber. Several live and 2 dams provide waCreek.

Thisland parcel features TBD acreslive of springs farm/hay land with the remainder grass andthe timber.

Several 2 dams provide ter tointhis area plus 1windmill well. This is anand outstanding opportu-wader in grass land andthetimber.

Several springs 2 dams provide ter area plus 1windmill well.liveThis is anand outstanding opportu-wanitytotothis purchase 1440 DEEDED ACRES +/- acres.

Purchaser receives ter area plus theDEEDED 1windmillACRES well. This acres. is an outstanding opportunitytopossession tothis purchase Purchaser full at1440 closing.

This parcel has +/excellent hunting andreceives protecnitypossession to purchaseat1440 DEEDED ACRES +/acres. hunting Purchaser receives full closing.

This parcel has excellent and protection. full at closing. This parcel has excellent hunting and protection.possession Tract 1 Legal Descriptions: tion.

Tract Legal All land1located inDescriptions: Township 13 North, Range 12 East, BHM, Perkins County SD Section 18: SE1/4SW1/4, S1/2SE1/4 Tract 1 19: Legal Descriptions: Section 18: SE1/4SW1/4, S1/2SE1/4 Section Government Lots 3& 4, E1/2SW1/4, E1/2, E1/2NW1/4 Section 18: SE1/4SW1/4, S1/2SE1/4 Section 30: 19: Government Government Lots Lots 1,3,4, 3& 4, E1/2SW1/4,N1/2NE1/4, E1/2SW1/4, E1/2, E1/2NW1/4 Section Section Lots 3& 4, E1/2SW1/4,N1/2NE1/4, E1/2SW1/4, E1/2, E1/2NW1/4 Section 19: 30: Government Government Lots 1,3,4, SE1/4NE1/4, NE1/4SE1/4, S1/2SE1/4 Section 30: Government Lots 1,3,4, E1/2SW1/4,N1/2NE1/4, SE1/4NE1/4, NE1/4SE1/4, S1/2SE1/4 Section 31: Government Lots 1,2, E1/2NW1/4, NE1/4 SE1/4NE1/4, NE1/4SE1/4, S1/2SE1/4 Section 31: Government Lots 1,2,NE1/4MW1/4, E1/2NW1/4, NE1/4 *BLM: Section 30: S1/2NW1/4, SE1/4NE1/4, Section 31: Government Lots 1,2,NE1/4MW1/4, E1/2NW1/4, NE1/4 *BLM: Section 30: S1/2NW1/4, SE1/4NE1/4, NW1/4SE1/4 *BLM: Section 30: S1/2NW1/4, NE1/4MW1/4, SE1/4NE1/4, NW1/4SE1/4 Tract #2: This is the EAST unit featuring 920 +/- Acres of deeded and NW1/4SE1/4 Tract #2: This is thehard EAST featuring +/- Acres of acres deeded 340 Acres of BLM grassunit pasture with920 approx.

171.02 of and crop Tract #2: ThisBLM is thehard EAST unit featuring 920 +/- Acres of deeded and 340 Acres grass pasture withand approx.

171.02 crop lands.

Thisofparcel includes plenty of grass timbered areaacres thatof would 340 Acres ofparcel BLMincludes hard grass pasture withand approx.

171.02 acres of crop lands.

Thisaddition plenty of Again, grass timbered area would be a great to any operation. there is plenty of that hunting arlands.

Thisaddition parcel includes plenty of Again, grass and timbered area that would be aon great to anywith operation. there is plenty hunting areas this parcel along the BLM property.

The parcelofincludes two be great addition to anywith operation.

Again, there The is plenty of hunting two areasaon parceland along BLM property. parcel dams, athis dugout 1 meteredthewell along with several springsincludes throughout eas on athis parceland along with thewell BLM property.

The parcel two dams, dugout 1 metered along with several springsincludes throughout the canyons and draws. dams, a dugout and 1 metered well along with several springs throughout the canyons and draws.

Tract 2 Legal Descriptions: This map for reference only. the canyons andDescriptions: draws.

Tract 2 20: Legal Acreage and boundaries not exact.

Section NE1/4, N1/2SE1/4, SW1/4SE1/4, SE1/4NW1/4, E1/2SW1/4 Tract 2located Legal Descriptions: All land in Township 13 North, Range 12 East, BHM, Perkins County SD Section 20: NE1/4, N1/2SE1/4, SW1/4SE1/4, SE1/4NW1/4, E1/2SW1/4 Section 29:W1/2NE1/4, NW1/4, S1/4 Section 20: NE1/4, N1/2SE1/4, SE1/4NW1/4, E1/2SW1/4 Section 32: 29:W1/2NE1/4, NW1/4,SW1/4SE1/4, S1/4 Section NW1/2NW1/4 Section 32: 29:W1/2NE1/4, NW1/4, S1/4 Section NW1/2NW1/4 *BLM: Section 20: E1/2SW1/4, NE1/4NW1/4 Section Section 32: NW1/2NW1/4 *BLM: 20:S1/2SW1/4, E1/2SW1/4,NE1/4SW1/4, NE1/4NW1/4W1/2NE1/4 *BLM Section17: *BLM:Section17: Section 20:S1/2SW1/4, E1/2SW1/4,NE1/4SW1/4, NE1/4NW1/4W1/2NE1/4 *BLM Tract #3: The entire unit combination of Tracts 1 & 2. *BLM#3: Section17: S1/2SW1/4, NE1/4SW1/4, W1/2NE1/4 Tract The entire unit combination of Tracts 1 & 2.

Tract #3: The entire unit combination of Tracts 1 & 2.

Isley has a 20-year contract.

“The first 10 years the royalties are low because the company is paying for its equipment, but the second 10 years it steps up,” he said.

TUESDAY MAY 9TH, 2017 @ 1:00PM TUESDAY MAY 9TH, 2017 @ 1:00PM TUESDAY MAY 9TH, 2017 @ 1:00PM

Isley said the city of Cheyenne chose to take a flat rate for its leases, because it is easier to budget when the dollar amount is set.

“Less than 40 turbines on a site are not considered industrial,” Isley said. “We’re not a massive wind farm.”

Map data ©2016 Google Imagery ©2016 , CAPCOG, DigitalGlobe, Texas Orthoimagery Program, U.S. Geological Survey, USDA Farm Service Agency Windmill

Well

Primary Road

Boundary

Boundary

Boundary

Stream, Intermittent

BOB BERTOLOTTO

Showing dates with Brokers on site: TUESDAY APRIL 4TH from 12:00 to 4:00 P.M. and TUESDAY APRIL Showing dates with Brokers onweather site: TUESDAY APRIL 4TH from 12:00 to 4:00 P.M. and TUESDAY APRIL TH 11 from 12:00 noon to 4:00 permitting both days TH or by appointment feel free to bring you saddle Showing dates with Brokers site: TUESDAY APRIL 4 from 12:00 to 4:00 P.M. andtoTUESDAY APRIL 11TH from 12:00 noon toATV 4:00onweather permitting both days or byDue appointment feel and free bring saddle horse, 4x4 pickup or to tour the property with brokers. to the terrain weyou highly TH 11 horse, from4x4 12:00 noonor toATV 4:00 weather permitting both days or byDue appointment feel and free layout to bring you saddle pickup to tour the property with brokers. to the terrain layout we highly recommend calling for a personal tour if needed.

Broker telephone is 605-720-2021 for appointments. horse, 4x4 pickup or ATV to tour the property with brokers.

Due to the terrain and layout we highly recommend calling for a personal tour if needed. Broker telephone is 605-720-2021 for appointments. recommend calling for a personal tour if needed. Broker telephone is 605-720-2021 for appointments.

Owners: Bob Bertolotto - Broker/Auctioneer Owners:P Ranch FLP Stomprud Diamond Bob Bertolotto Broker/Auctioneer Cell 605.490.1500 - bob@bertrea.com Owners:P Ranch FLP Stomprud Diamond Bob Bertolotto Broker/Auctioneer Cell 605.490.1500 - bob@bertrea.com Stomprud Diamond P Ranch FLP Cell 605.490.1500 - bob@bertrea.com

See More Photos of Featured Properties See More Photos of Featured Properties and Additional Offerings See More of Featured Properties and Additional Offerings AtPhotos www.bertrea.com and Additional Offerings At www.bertrea.com 18

At www.bertrea.com

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River/Creek

Water Body

Isley said turbine design has come a long way in the last few years. The turbines being constructed now can equal the output of three of the older models. He said the footprint of a turbine is about 20 feet by 20 feet, including the base and transformer. He said the roads for the turbines take approximately 30 acres of space out of a two-section pasture.

The information contained herein was obtained from sources deemed to be reliable. MapRight Services makes no warranties or guarantees as to the completeness or accuracy thereof.

844.932.6277 - mapright.com

“The base is an upside down mushroom,” Isley said, “and that whole thing is filled with concrete.” When the construction is complete, only the stem of the mushroom is above ground to hold the turbine tower.

“There’s less traffic than in the oil fields. We’ve got a small oil field here on the ranch, it’s been

here since the ‘50s, and it actually has more traffic (than the wind turbines).

“We run cattle right under there. It doesn’t bother them at all. In fact it’s kind of comical they follow the shadow of the turbine to stay in the shade.”

He said the turbines have no effect on conception rates or milk production.

Mark Isley, a rancher near Cheyenne, Wyoming, says the turbines don’t seem to bother the cattle or wildlife, and that the cattle follow the shade of massive machinery. ISTOCK PHOTO.

“The bird kill has been non-existent on this place,” Isley said. “My predecessor Mrs. King was a great conservationist and wildlife preservationist,” Isley said. “She’d ride around out there and sniff the ground, looking to see if any harm had been done.

One time she came to me and said we had a riparian kill. The Fish and Wildlife keep watch and they confirmed one bird had been killed. The wildlife don’t care (about the turbines).”

than I could have imagined.”

Isley has not experienced any blades breaking or pieces flying loose from the turbines.

“We have seen some ice on the ground,” he said, “but the sensors are very sensitive.” He said the least difference in the blade rotation shuts the turbine down, so it’s self-policing.

“We love the cow business, but you’re always concerned about volatility of the cow markets, and this helps off set that.

“I have three adult children, and one of my daughters has come back,” Isley said.

Isley said buying land for wind turbines has allowed the ranch to gather ground it might have had use problems with for grazing.

Isley said some hunters are allowed around the turbines on his ranch, but he has to hand-pick them.

“Most companies won’t allow hunting,” Isley said. “We hardly ever turn anybody away (for hunting), but when they come on the place, they play by the rules.

“Some of these turbines are real close to the highway,” Isley said, “and we had to lock the gates in conjunction with the wind companies. We have one location where the company put in an electric push pad gate.

“The noise is minimal unless you are directly under the turbine,” Isley said. “They are less annoying

Isley said it’s important to make sure a contract is comprehensive and covers all possible senarios. “You

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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Blowin’ in the wind LANDOWNERS SEE PROS AND CONS OF

WIND TURBINES

need a country boy attorney who understands cows are still the main business.”

“One thing that was vital in the contract negotiation was reclamation,” Isley said. If the wind farm ever goes belly up, the company must remove all the equipment and restore all the land to its former condition.

“We organized a small wind association to share royalties,” Isley said. If a rancher does not want to participate in the wind farm, they are not “hassled” about it, the participants help find a way around.

Isley said the turbines generate electricity, which goes to a substation, is changed from direct current to alternating current and flows directly into transmission lines. The 34 turbines on King Ranch have one substation with a 100-foot by 100-foot area. The electricity is all moved through underground lines.

“It’s been a good experience for us,” Isley said.

Darrin Holzer was trained as a maintenance tech and was working at a coal plant when his company, Montana Dakota Utilities (MDU), asked him to manage a wind farm that reaches from Hettinger, North Dakota to Baker, Montana. That was a year and a half ago.

Holzer manages three separate wind farms. The

Baker wind farm has 43 turbines in Taft County and the leases all belong to one landowner. The Rhame, North Dakota farm has 13 turbines on leases from two landowners and the Hettinger farm has 20 turbines on 16 owners.

Holzer said MDU leases property from owners and pays them an annual royalty based on installed capacity. The owners receive payment regardless of the amount of generation.

There is one substation at each site and MDU usually purchases the property for the substation, Holzer said.

If the wind farm ceases to be profitable, the company is responsible for removing all the equipment.

Holzer said it is not necessary to visit the turbines every day. General regular maintenance is done twice a year.

“These leases are for 25 years with an extension option,” Holzer said, with a maximum capacity of 175 megawatts generated. Holzer said that is enough power to run 40,000 to 45,000 homes.

Holzer said cattle run under the turbines, beyond a “beauty ring” of gravel that is about 12-15 feet around the base.

Wind turbines allow power companies and landowners to generate revenue and electricity from what feels like the most abundant resource on the plains—the wind. ISTOCK PHOTO. 20

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FEED MILL for SALE Located East part of Brush, CO next to Sale Barn

The time it takes to erect a turbine varies, but usually takes about two years, according to Holzer. The base of the turbine is 50 feet wide and the blades are 160 feet long. The entire rotor is 100 meters across, he said.

Holzer believes wind generation has a long future ahead. “It’s free and we never run out of it - we might as well use it.”

According to Iowa State University, in many states, electric utilities are required to produce a percentage of power from renewable sources. It benefits utility companies to sell wind-generated power to customers at a premium because it is classified as clean, or green, power. Some companies are offering customers a choice of voluntarily paying a premium of two to three cents for wind-generated electricity.

• 4.97 acres • Ferrell Ross Flaker/Completely Rebuilt Stainless Steel Round Heat Chest • Flake Dryer • Steam Generator – diesel

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As a part of the American Recovery and Reinvestment Act of 2009, small wind investors are now allowed to claim a 30 percent investment tax credit for qualified small wind energy property.

The Act also authorizes $1.6 billion in new clean renewable energy bonds to be distributed to tribal governments, public power providers and electric cooperatives to finance facilities that generate electricity from renewable sources.

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21

Blowin’ in the wind LANDOWNERS SEE PROS AND CONS OF

WIND TURBINES

According to AWEA, the drawbacks to wind energy production include the fact that the wind does not always blow when electricity is needed and wind power cannot be stored. AWEA says a typical wind turbine at a wind farm operates 60 to 80 percent of the time, usually at less than full capacity because the wind speed is not at its highest level.

The machinery cost is high for wind turbines. The U. S. DOE estimates 80 percent of the cost of putting up a turbine is machin-

ery, with the remainder being site preparation and installation.

Iowa State University found the cost to install a small turbine system ranges from $3,000 to $8,000.

A large tower and utility-scale turbine can exceed $1 million.

Wind turbines built on existing farms or ranches benefit the economy in rural areas. The production of the land can continue. Landowners receive additional income.

In 2014, wind energy invested $8 billion private dollars in building

Some ranchers figure that if they’re going to have to look at the neighbors’ wind turbines, they might as well reap some of the benefits themselves.

ISTOCK PHOTO.

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projects that employed more than 73,000, according to the Wind Vision Report. The report found wind energy could support 600,000 jobs in manufacturing, installation, maintenance and support by 2050.

Although wind power plants have little impact on the environment, concern exists over the noise produced by turbine blades, visual impacts to the landscape, and damage to local wildlife. While some of these concerns can be alleviated or reduced by technological development or proper site evaluation, others can’t.

Dedicated to Land and Landowners Since 1946 Landowners interested in developing a site can get companies to evaluate their location. Initial investigations will determine the basic feasibility of the project before moving on to additional formal steps of site analysis and planning, which entail costs.

Like every project, wind energy has pros and cons, but landowners may gain benefits from additional income value added to their operation.

IH RANCH | SHERIDAN, WYOMING 387± deeded acre ranch on a live stream minutes from Big Horn, offering 180-degree mountain views. 73± irrigated acres and wellsodded grazing anchor a solid livestock operation. $1,960,000.

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PASS CREEK RANCH | SARATOGA, WYOMING 5.5% return on this 60,044± total acre (27,125± deeded) ranch ten minutes from Saratoga, WY. Houses, cattle facilities, 1,364± irrigable acres, 4 miles of Pass Creek. Trout fishing and abundant big game. $12,700,000.

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23

What water and water rights can mean for real estate

W

By Curtis Doubet

ater is the world’s number one commodity—it’s highly sought-after, but often overlooked. The success or failure of many enterprises relies upon the availability of water. That is why understanding and knowing everything possible about the water situation on a piece of property prior to purchasing or developing is crucial.

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

ISTOCK PHOTO - PATRICK ZIEGLER

The ranchers and farmers of eastern Colorado have become experts on the matter. Geoffrey Mills, a fourth generation rancher with Mills Cattle LLC said his family’s ranch in Vona is a part of the Republican River Water Conservation District that sits in the Republican River Basin. The Basin covers most the eastern side of Colorado before it stretches into Nebraska and Kansas.

“The conservation district is an agreement between Colorado, Nebraska, and Kansas to provide

irrigation water for all producers in the region, while protecting the aquifer,” Mills said. “The program is completely voluntary, but we felt an obligation to conserve water and joined in.”

According to www.republicanriver.com, “The District promotes conservation through voluntary participation. By utilizing federal programs, the District has brought in millions of federal dollars to offer financial incentives to producers who voluntarily retire water rights to reduce consumptive use to

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the stream flows. These water retirements reinforce the District’s efforts to conserve the Ogallala Aquifer for future generations.

MJB Ranch water conservation on leased pasture.

PHOTO BY CURTIS DOUBET.

“Current focus toward compact compliance is through a $60,000,000 locally funded pipeline project. The water source for the pipeline comes from existing irrigation wells with pumping limited to historic use.”

Mills believes in the importance of conservation, but it created some problems for the ranch. “The problem for us was that the pipeline pumps water from pre-existing wells.

In the end, our conservation efforts overtook our bottom line and we lost several irrigation and stock wells. Bigger problem was that several of our other wells got too shallow to function and we had to discontinue use.

“The conservation district serves a good purpose in providing ample irrigation water for people further down the river in the basin and those producers benefit greatly, it just didn’t work for us to lose that much water,” Mills said.

Eventually the Mills family decided the increasing shortage of water was too much to overcome and they started looking for a different situation. “Prior to irrigation problems and dry wells, we never thought too much about our

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

We know if the ground water is good and if the well will hold up.” Unfortunately, however, it is not always that easy.

water situation,” Mills said. “But when looking for a different ranch, it was on the forefront of our priorities. I would encourage producers to do their due diligence in researching the water rights associated with a piece of property or a farm prior to acquiring it. I know it certainly was not fun without having enough water.”

Coryell says, “In a situation where we are naïve to acreage available for purchase, we think it is good practice to have a well driller do a pump test and get an idea on the amount of water present.”

County extension offices are a great place to start looking when researching for water data in an area.

The Coryell family thinks the best insight on all things water comes from local producers. “We won’t get really excited about buying new real estate if we haven’t talked to guys who know the area best. Their input can be really valuable.”

Zach Coryell and his family farm in Burlington, Colorado and have a wide range of experience with different water programs. Coryell says, “In the future, I think we will see more restrictions and regulations with our irrigation practices and there may be some opportunities to close some wells through the conservation program to conserve the aquafer. For now, though, I think the farmers and ranchers in our community do an excellent job handling how the water is managed.”

Zach and his family take a very interactive approach to water management when they are looking to acquire a new piece of land. “Most of the farm ground we have purchased in recent years we had been farming for a while. This is our preferred method of buying land because we feel this gives us an inside advantage on the water situation for a parcel of ground.

Top: Zach and Landon Coryell of Coryell Family Farms near one of their many irrigated corn fields. Bottom: Landon and Brynnli Coryell of Coryell Family Farms.

PHOTO BY JESSICA CORYELL.

The input of a knowledgeable realtor can also be very beneficial. Tammi Schneider is a real estate agent for REMAX in Elbert County, Colorado and has been selling real estate in eastern Colorado for the last 20 years. Schneider says the most common question she deals with is whether the purchaser gets the water rights along with the property. “That question often results in a complex answer and I feel sometimes people get a little too caught up in worrying about the value of water on a piece of property. This is especially

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Douglas County real estate offered by Tammi Schneider.

PHOTO BY TAMMI SCHNEIDER.

true with people who are selling or very serious about buying. I ask people what water rights they think they should have, and usually they don’t have a concrete response. They just know they want to make sure they will always have water.”

It is tough to know for sure how much water and for what period a person will need water in any given area. “Creek bottoms and running water are things that are easy to understand a desire for, especially if there are livestock involved. Domestic wells, which

are more common in my line of work, are trickier to deal with because there are no concrete regulations with how those are to be managed,” Schneider said.

“Any time I deal with a new property, I always start with the Department of Colorado Water Resource website. This website has a wealth of information about local water regulations, rules, and management practices. I try to learn what I can about the property to best help both the buyer and the seller,” Schneider says, “But at some point, both parties and especially

990 Main Street 605-347-7579 realestate@sturgissd.com | www.SturgisSD.com | www.SturgisAuctions.com Specializing in Live and Online Real Estate Auctions of All Types

David Wilson Owner/Broker/Auctioneer

Farm/Ranch Land! Selling a 320 acre parcel and a 640 acre parcel of farmland.This western South Dakota property is east of the Black Hills and well located for easy access. It features paved and gravel road access, good quality farmland with crop bases, large dams, rural water and pasture acreage. This area offers good hunting for both big and small game, fishing and recreation. Asking $1150/acre - Call Dave Wilson 605-490-9959 Unique Property!

3500+ sq. ft. home, 30’x41’heated shop, and a 32’x32’barn with corrals all on just under 5 acres. Spacious 4 bedroom/2 bath home features a fireplace, large kitchen, laundry room, bonus room, and more! 1230 sq. ft. insulated shop with wood and pellet stoves, water and is wired. 1024 sq. ft. barn with 16x16 open addition has tack area and two HiQual stalls with heaters above each. Water inside the barn and heated automatic waterer outside. Asking $219,000 - Call Carri Odle 605-490-9660 Broker Associates: R.T. Shaw (605-490-1176) 28

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960 Acres - Rapid City Area

Ranchette-Nisland, SD

Owner/Broker: Dave Wilson (605-490-9959) Chad Grahek (605-391-5906) Dan Jacobsen (605-490-1663)

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Carri Odle (605-490-9660)

PRICE REDUCED!

the buyer, need to research extensively any water related topics on the piece of real estate that they feel would affect them.”

Learning as much as possible about the water conservation and use for any section of land is crucial. “I think on bigger allotments the best route is to hire a water attorney and make sure everything is handled appropriately,” Schneider said. “There are so many different guidelines it can become overwhelming. A simple thing like transferring well permits in the allowed 60-day timeframe is easily overlooked.”

There are plenty of challenges surrounding water that are associated with leasing land as well. Matt Brown of the MJB Ranch near Grass Lodge, Montana, deals with this daily. “Many of our summer range pastures are on lease ground through absentee owners. We must work very closely with the broker and the owner to develop water conservation strategies that benefit all parties,” Brown says. “We want to provide constant and clean water for our cattle without disrupting the wishes of any land owners. Thus, we spend time building and creating natural watering holes that satisfy all parties involved.”

This outside-the-box approach is a key factor in a positive, long-term lease agreement. “Whether you’re buying, selling, or leasing land for crop and livestock production there is always a way to ensure proper water management if you are just willing to put in the proper time and effort,” Brown says.

Water regulations are most likely only going to tighten as years go by, so understanding all the facts before purchasing any real estate is crucial. Ask around, research, and spend appropriate time so there are no surprises when the water hydrant is turned on at the new place.

Owl Creek Rd. $280,000 | MLS 51470 This 80 acre parcel has many nice features including many possible building sites, power along the east side, good views of Orman Dam on the west end, easy access off Owl Creek Rd. with pavement to the southeast corner of the land. A great opportunity with many possibilities!

Make The Best Of 2017! SALE PROPERTIES FOR RESIDENTIAL • COMMERCIAL FARM & RANCH BLACK HILLS LAND & LOTS

Jim Alcorn, (605) 642-0680 jalcorn@blackhills.com 109 Main St. Suite C, Spearfish

www.spearfisharea.com HOME & PASTURE HOME NORTH & PASTURE LOCATED 8 MILES OF LEXINGTON, NE This is a beautiful 1800 sq.ft. home with finished basement, 4 Br., 2 1/2 baths, beautiful landscaping and all located on approx. 120 acres. There are 2 buildings for equipment storage and 1 bldg. insulated for a shop. There are approx. 95 ac. pasture, and 15 ac. dryland. This is located on a hillside with view of the Platte Valley.

HOME & PASTURE FOR SALE

This is a nice spacious 5 bedroom, 3 bath home located This is a beautiful 1800 sq.ft. home with finished on 2 lots at 907 B St. in Overton, NE. basement, 3 Br. and all located on approx. 120 acres.

OTHER LISTINGS

There are 2 buildings for equipment and 1 for a shop. There are approx. 95 ac. of pasture and 15 ac. dry land.

803 B St., Overton, NE

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804 D St., Overton, NE

SOLD

This is all located on a hillside with view of the Platte Valley.

3 bedroom home on a large lot

1 bedroom home on 2 lots

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Growing Value

Planting trees adds value to property

F Wind breaks like this one comprised of Colorado Blue Spruce trees can slow winds, minimize storm damage, and increase property values.

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Homeland SPRING 2017

By Rachel Spencer ALL PHOTOS COURTESY OF DEREK LOWSTUTER.

ew people value trees more than those who live on the wind-swept prairies without them. Planting trees was often one of the first tasks pioneers completed, watering them carefully, trying to protect them from marauding wildlife and coaxing them into an asset that could provide shade, hold up a swing, block the wind, and at the end of its life, give warmth. Trees today are no less valued, and adding trees for both ornamental and windbreak purposes can add value to any property, if it’s done properly.

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Towner State Nursery starts trees in a greenhouse environment as well as in beds outdoors. Transplanting and lifting the roots for harvest is one of the most labor intensive tasks at the facility and one of the most vital.

The 160 acre Towner State Nursery in North Dakota grows nearly one million trees for conservation districts, rural land owners, and select nurseries annually.

Just as landscaping around a more urban setting lends aesthetic appeal and value to homes, trees add value to agricultural properties. Derek Lowstuter, acting stewardship manager and forest restoration specialist with the North Dakota Forest Service maintains that properties with established landscaping, such as windbreaks and shelterbelts, can allow those properties to sell up to 20 percent higher than those without.

benefits and stockmen agree that reduced stress and higher gains translates directly to their operation’s bottom line.

On agricultural properties, a lot of the value of the windbreak can come from reducing wind speed. This can equate to less storm damage and flooding, drought mitigated by the forest canopy, and additional storage of nutrients and water. Perhaps more directly, property owners can benefit from reduced heating and cooling costs in their homes and shops. In the Plains states, Lowstuter explains, the prevailing wind causes a low-pressure situation outside the home and pulls the warm air out of the building. A properly designed windbreak that is efficient in reducing wind speed can cut energy costs by up to one-third, an enviable figure especially during long Plains states winters.

Lowstuter, who is a graduate of Colorado State University, suggests seeking the guidance of forest stewardship programs, arborists, or conservation districts.

Deciduous trees on the south side of a home, shop, or livestock yard benefit the rural property through providing shade in the summer and allowing sunlight in the winter. This can translate to reduced heat stress on livestock in the summer months and reduced cold stress in the winter. Lowstuter said numerous studies tout these

Windbreaks are also excellent noise and odor barriers, a benefit to those operating cattle or hog feeding operations. This value translates to maintained property values and good public relations with those who frequent the area.

“It’s best to contact the local representative of the forest stewardship program to learn not only how to go about planning and installing a windbreak but also maintaining it over time,” he said.

“Most states have cost share programs or other financial assistance programs to help offset the cost of installing a windbreak.”

In the years following the Dust Bowl, the federal government identified a need to combat erosion and started experimental forests that utilized seeds from climates similar to their region. The Denbigh experimental forest in North Dakota was one of these. Now, the Towner State Nursery is still utilizing trees and seeds that are second and third generation from the original trees. Aside from the historical appeal, these seeds are valued for their hardiness and ability to withstand harsh winters.

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The Towner State Nursery has been serving rural landowners and soil conservation districts in the Plains states as a part of the North Dakota Forest Service since 1951. As a conservation nursery, Towner grows a selection of bare root conifer trees that are both hardy and popular in the Plains states, including Colorado, the Dakotas, Nebraska.

Towner is situated on 160 acres in Towner, North Dakota, and this year will have over one million trees growing. Nursery manager Jeffrey Smette and his crew irrigate the sandy loam soil using submersible pumps and above-ground galvanized sprinkler heads. A major part of the tree operation is lifting the roots and either transplanting the trees from a seedling bed to a root bed or lifting them for harvest. The sandy soil is not only suitable for irrigation but is ideal for lifting roots, a job, Smette said, that requires a huge amount of time and man power.

Trees are grown for three to five years, at which point the trees are harvested. Approximately 60 percent of the trees are sourced to the North Dakota Soil Conservation Districts, but rural land owners, some nurseries, and other Soil Conservation Districts round out the customer base.

Last year, 850,000 trees were sold, keeping the nursery self-sufficient.

Trees are a relatively inexpensive investment. A four-year old transplanted tree from Towner sells for $.75, a savings that is passed along to conservation districts and eventually land owners.

The hardiness of the species makes the trees well-adapted to harsh winters and the high pH soils of the prairie states. Purchasing trees from nurseries that do not produce trees specifically for the cold winters common to the Plains can result in disaster for landowners. A tree may grow and survive for ten years of mild winters and then fall victim to a bitter winter.

Growing Value Land owners planning to install field windbreaks like the ones shown should first seek the guidance of local resources to determine soil type, ideal species, installation procedures, and maintenance.

“The value of trees is important to any rural person who farms or ranches,” Smette said.

“We’re glad to be a small part of that growing trees well-adapted for this region.”

Field wind breaks and those around residences and cattle feeding facilities are among the most common use of the conifers grown by Towner. Landowners must make decisions on species based upon their area, soil types, and purpose. Smette suggests involving local soil conservation districts in the planning stages to determine the best species and proper installation methods. Districts can complete a web soil survey using legal description or address to evaluate the soil to match which species are best suited to the area. This portion of the planning is vital as it can mean the difference between the plant’s success and failure.

“Most of the time it is a grouping of multiple species that grows together to function as a living snow fence or wind break,” he said. “We want to shift the wind from lower elevation, up and over so generally you have lower growing plants on the outside. The tallest species would be in the middle.”

A typical five or nine row belt would consist of shorter, dense species on both sides of taller species with a decorative row visible from an outdoor living area or home. The combinations of species are nearly limitless but Smette suggests including some sort of conifer, ideal because of their density, adaptation to a wide range of soils, low precipitation needs, and hardiness. Using a diversity of species is well advised to withstand a disease or insect problem that could potentially kill an entire species in one area.

In short, the right plants for the right location is the key to success.

As the saying goes, the best time to plant trees is 20 years ago. However, if you don’t have a time machine, there’s no time like the present.

Trees are most successful if they are planted while dormant, which means early spring or late fall.

According to a publication by the University of Nebraska Extension, site preparation is one of the most important parts of windbreak establishment success. They suggest using a herbicide ap-

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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Growing Value

Living snow fence like this one can add value to rural properties in addition to slowing winds and even contributing to increased efficiency of cattle during the most temperate months. plication in the spring if the site has heavy grass sod. That is followed by plowing in the fall, then disking the following spring just prior to planting, to retain moisture as long as possible and control early spring weeds.

Competition from weeds is one of the major reasons tree plantings fail. Applying synthetic mulch or fabric can be an effective way to control weeds without herbicides. It is often easiest to apply the fabric at planting. The fabric plays a dual role of

limiting weed growth and retaining moisture surrounding the trees.

Most Natural Resource Conservation Services offer tree planting and fabric application services, or you can rent the equipment to plant the trees and apply the fabric yourself. Your local NRCS is a great resource for planning and sourcing trees that are appropriate for your area, whether you’re looking at a mile-long shelterbelt, or a few trees around the house.

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FINDING A FIT WITH

Outfitters

5 considerations when leasing out land for hunting

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p

B

By Tamara Choat

eauty is in the eye of the beholder, and so is the value of land use. Although traditionally ranches and farms are purchased based on their potential agricultural production, an inherent side value of many places is wildlife habitat. Current landowners and potential purchasers should recognize the value of hunting on their property, and decide if they want to capitalize on this asset. Some options include personal use, public hunting, personal acquaintance access, or leasing to an outfitter.

With the hunting guides and outfitters industry being shaped into a highly regulated, professional and licensed business over the past 50 years, outfitter leasing is becoming an option of choice for many landowners.

Three licensed outfitters in the states of Montana and Wyoming discuss factors and benefits landowners should

consider in a lease agreement. Craig Schell owns Double D Outfitters in Terry, Mont., and guides deer and antelope hunts across eastern Montana. Matt Cunningham is the owner of Buckboard Outfitters in Emigrant, Mont., and operates hunts also in eastern Montana. Jimmie Owens outfits for deer, antelope and elk with Lost Creek Outfitters out of Cody, Wyoming.

Professional outfitters recognize the value of building strong relationships between landowners, hunters and their business. PHOTO BY CRAIG SCHELL

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Hunters of all ages value an opportunity to hunt “the big one,” or just enjoy the beauty of the outdoors on a hunting excursion.

PHOTO BY LAURIE MARCOVITZ, WYOGA

ee or vendor, landowners should do their research and request references. Professional associations like the Wyoming Outfitters and Guides Association or the Montana Outfitters and Guides Association provide useful frameworks for finding licensed outfitters and references.

1. Quality relationships Most outfitters will say that for a landowner, finding an outfitter interested in leasing their place is not difficult. Prime wildlife habitat is in high demand.

However, finding the right fit with the right outfitter is what matters.

“As a landowner, the first thing is you want people who are responsible. No one wants gates left open, driving around while it’s muddy,” says Owens. “Most of the time I start with a phone call or a meeting, and then we go from there.”

Developing a mutual relationship of respect and benefit is vital to the process. Like hiring any employ-

Outfitters say they are usually interested in talking to landowners, and may initiate contact and ask to come and survey the place. From there the conversation will proceed based on the landowners’ interest and the potential outfitter’s evaluation of the property.

2. Wildlife management One of the key benefits of working with an outfitter is planned wildlife management. Any good outfitter will recognize that to maintain a useful lease property, they can’t harvest all the trophies in one year and will work to maintain a sustainable population.

“I personally have a plan of how many bucks I want to take off of so many acres,” says Schell. “If you have a piece of ground you figure has six to seven mature bucks on

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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Professional outfitting and guiding brings a wealth of knowledge of wildlife and land stewardship along with access to some of the best trophy game in the area. ISTOCK PHOTO

population and therefore adds value to land,” says Cunningham.

it, you don’t to shoot them all, ’cause then you don’t have anything to shoot the next year.”

Owens, whose primary job is a rancher, says, “When we graze cattle we leave 50 percent of our grass behind; if we don’t leave some, we might not have it for next year.” He uses that same principle when harvesting wildlife. “We know what our resource is [in terms of game numbers] and we don’t take it all away in one year.”

Most outfitters will agree that managed trophy hunting maintains a more stable and balanced population that improves the overall wildlife landscape, especially compared to open public hunting, where most hunters know if they don’t take an animal, someone else will.

“An outfitter who manages game well grows the trophy population and maintains an overall healthy

One concern that may need to be managed with trophy hunting is the male versus female ratio. Most paid hunters are looking for males, and are not as likely to harvest females.

Schell says that’s a concern he works with a landowner to manage. “Sometimes a place will start to get a high population of does – some landowners, especially farmers, that bothers,” he says. “If they want to reduce numbers, I’ll work with them to have their own family and friends out on certain days to shoot does, to help control the population.

There’s always ways to work through it to manage the wildlife to the best interest of everyone.”

3. Privacy and stewardship Hunting can be both a traditional survival skill and an elite sportsman’s hobby. Critics may say outfitting caters to “wealthy, out-of-state hunters” at the expense of the local public. However, most landowners who work with outfitters say the biggest reason they chose to lease out has nothing to do with in-

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Outfitters

FINDING A FIT WITH

“It’s accountability; the right outfitter can help you care for and improve your way of life,”

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come or excluding the public – it’s simply to maintain their privacy and avoid becoming a “playground monitor.” Hunting access is highly sought-after, and as with any desired resource, it can be subject to abuse.

Schell says a lot of what he sees is that “once the word’s out [that a rancher has leased a place], the phone calls quit and people knocking on their door an hour before daylight opening day stops.”

Schell adds a lot of outfitters come from an agricultural background, and can serve as a knowledgeable observer of ranch operations. “If I see a sick calf I tell the landowners, or if they gathered a certain pasture I can let them know if they’ve missed a few pairs. They appreciate having someone out there, especially if they have a lot of land.”

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

It comes down to stewardship and a shared respect for the business and the land.

“It’s accountability; the right outfitter can help you

care for and improve your way of life,” says Schell. “Some of the landowners I work with could make more money in Block Management (reimbursement for public access to hunting through the Montana Fish, Wildlife and Parks) than what I pay, but one of the advantages is they know who’s on their land and they know it’s being taken care of. We won’t be out there driving around when it’s muddy and leaving gates open.”

4. Professional contracts With any outfitting agreement, it is in both parties’ best interests

to have a formal, signed paper contract stating the exact terms of the agreement. “I believe everything is better if it is written down,” says Owens.

One of the biggest aspects to iron out before hunting season starts is if anyone other than the outfitter and his hunters will be hunting, what they are allowed to take, and when they will be there.

“Make sure that’s stated up front so it’s all in black and white before the season starts,” says Cunningham.

Sample contracts can be found from various groups such as outfitters associations, Farm Bureau

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Homeland SPRING 2017

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Outfitters

FINDING A FIT WITH

or Extension. Despite where the starting point is, both landowners and outfitters can rely on a final contract as a useful tool to outline and assist with expectations.

5. Income Although for most landowners, income is not the primary motivator for working with an outfitter, it never hurts. “Every rancher likes income,” says Owens. Many landowners use the payments to offset taxes or other overhead costs of owning property.

Landowners can find peace in working with outfitters, knowing who is on their property and that their assets are being cared for. ISTOCK PHOTO

Leasing payment agreements are unique to each ranch and each outfitter. Some charge per day, some per animal taken, some per hunter, and some per acre. “The values of each of those vary and are negotiated between the outfitter and the owner,” says Cunningham.

“The ranch I operate on is priced using a mixture of all of the above.

I figured out how many hunters I could take over the season based on the size of the ranch and the number of trophy quality animals.

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Homeland SPRING 2017

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

And then I made a lease offer based on what I could afford using a business model.”

Schell says a lot of pricing goes back to quality and how much wildlife is on a piece of property. Owens says

by July most outfitters have their agreements made and contracts in place. He says some contracts will allow for half of the landowner payment to be made at that time, and the balance after the season is over.

In Eastern Montana, most mule deer hunts are priced (to the hunter) in the range of $3,500 to $5,000. Some outfitters say in general one-fourth to one-third of that cost will go back to the landowner. Again, each contract and payment agreement is unique, but both outfitters and landowners realize a mutually beneficial agreement is the key to a longterm relationship.

NEW!! FARNAM PASTURES—Frontier County 768+/- acres of hardland range with a small tract of cropland offered in 2 parcels. Located 3 miles south of Farnam, NE on county maintained road.…..…….……...….……….…………….…….$1,120,000 REDUCED! KEYSTONE VALLEY RANCH, Keith County: 1,226+/- acre ranch located on the north edge of the North Platte River valley 4 miles east of Keystone, NE. Skunk Creek begins on this ranch and flows through to the south boundary of the hay meadow. This ranch has a tremendous view of the North Platte River valley and minutes from Lake Mac………...….$1,669,000 OGALLALA’S SOUTH PLATTE RIVER RANCH, K eith County: 7,290+/- acre working cow ranch that includes 5 miles of the South Platte River, 4,325 acres of rangeland, 1,660 acres of sub-irrigated pasture and 900 acres of accretion. Ranch is selling with a 50/50 cow lease in place until 2019………………………………………………………....……..……$12,999,000 PAXTON NON-IRRIGATED FARM, K eith County: 278+/- acre non-irrigated farm located 10 miles southwest of Paxton, NE on Road East L South. 65% of the soils are very productive Class II Satanta & Kuma loams.………………...…….$549,000 ROSCOE NEBRASKA FARM, K eith County: 425+/- acres of very good non-irrigated cropland located along Highway 30 1 mile west Roscoe, NE. Soils consist of 94% Class II Bridget and Bayard loams…………….……...……………....….$829,000 HEIDER ISLAND WEST, Lincoln County: The west 334+/- acres located between 2 channels of the North Platte River just 5 miles northwest of Hershey, NE. 99 acre non-irrigated field of grass and alfalfa mix and approximately 2 miles of river frontage. 140 acres of trees for whitetail, turkey, ducks and geese are among the hunting opportunities………………….….$889,000 REDUCED! GRAINTON NON-IRRIGATED FARM, Perkins County: 155+/- acre non-irrigated farm located south of Grainton, NE in southeastern Perkins County. Consists of 70% Class III Keith and McCash loams,,…….……………..$225,000 REDUCED! COUNTY LINE CRP, Lincoln County: 149+/- acres of land of which is enrolled into the FSA-Conservation Reserve Program which pays $6,100 annually. Property is located southwest of Wallace, NE with secluded access . Trophy mule deer have been harvested off this property. With hunting lease there is a potential 4% return on investment....….…...…$155,000 GARDEN COUNTY RANCH—Lewellen, NE 1,770+/- acres located northeast of Lewellen. Sandhill rangeland with home site. Completed through Buyer Brokerage representation.……………………...……………………….....UNDER CONTRACT GANDY MEADOW & PASTURE, Logan County: 564.10+/- acres located north of Gandy, NE in central Logan County.

This property includes 107 acres sub-irrigated meadow, 455 acres of good sandhill rangelland …………UNDER CONTRACT BRULE NON-IRRIGATED FARM, K eith County: 214+/- acre non-irrigated farm located 7 miles north of Brule, NE on Road West 120. 82.8% of the soils are very productive Class II Duroc & Keith loams…………………………...UNDER CONTRACT

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TEACHING OF THE HORSES

UW equine program seek s to expand opportunities

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OUTSIDE CIRCLE Sad news come s as Wyoming horse breeder passes away

SAMPLE OF OUR TSLN SPECIAL EDITIONS:

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HORSE 2016

ROUNDUP

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Ag ride

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2016

A PUBLICATION OF

By Carrie Stadh eim Editor

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Think smar t, not more work

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Veteran Salute: Richard Palczewski

The only one of four brothe “see action” rs to in ard Palczewski,World War II, Richbackground gave91, said his ranch in the U.S. Navy. him an advantage “I got to run and I only had this landing craft ucation.” Palczean eighth grade edwski said whenhe menti oned his limited education to one of his superiors, the respo nse was “I know, but you have common sense.”

Palczewski One brother, Carl, also served the second Worldin the Navy during left home soil, War but he never chanic station working as a meed in Palczewski spent Florida. his young years helping his family on the ranch west of Haley, North farmin the extrem Dakot e southwest corner a the state. of At the age of to herd sheep twelve, he was hired for of Ralph, South a big outfit south Dakota.

“I was suppo sed ling ewes away to keep the yearfrom the lambi ewes. I didn’t ng have a horse or a dog, just my feet.” lar per day plusThe job paid a dolMeals, Palcze “room and board.” wski said, consis ted

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Selling

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By Maria Tussin r Assistant Edito the South Unit Ranchers in are National Park of Badlands . Their sigh of relief by breathing a be replaced e not cattle will buffalo anytim tribally-owned

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Progr dent of Beef

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Questions

LAND BUYERS SHOULD ASK,

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

BUT OFTEN DON’T

By Kellie Gregorich

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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Questions

LAND BUYERS SHOULD ASK, BUT OFTEN DON’T

FOR SALE 7,839 ACRES • SOUTHSALE DAKOTA GRAIN FARM FOR 7,839 ACRES • SOUTH DAKOTA GRAIN FARM • • • • • • • • • •

Located west of Pierre, SD Highway frontage location Located west of Pierre, SD 50 quarters – 49 contiguous Highway frontage location Very well improved / 360,000 bu. New grain storage 50 quarters – 49 contiguous Excellent condition // 360,000 superior weed control Very well improved bu. New grainpractices storage SALE INCLUDES 6,938.81 ACRES OF Excellent condition / superior weed control practices SEEDED WINTER WHEAT FOR 2017 SALE INCLUDES 6,938.81 ACRES OF SEEDED WHEAT FOR 2017 For MoreWINTER Information Call Mark Joens at 605-224-9223 or 605-280-7001 For More Information Offered by Call Mark Joens at 605-224-9223 or 605-280-7001 Fischer, Rounds & Associates, Inc. Offered by 125 East Dakota Avenue | Pierre, SD 57501

Fischer, Rounds & Associates, Inc.

SD-204439-1

Tyler Krug, Land Manager for People’s Company in Iowa, works with many different types of land purchases and has been approached with a variety of questions.

Jeff Garrett, Real Estate Broker for Farmers National Company in Spearfish, South Dakota, has years of experience matching up the right seller with the right buyer.

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and is usually the biggest investment in an agricultural operation. Whether considering a purchase or lease, making sure you are asking all the right questions will help you avoid costly issues down the road.

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Morgan County realty

702 Main St. Fort Morgan, Co 80701 • 970-867-4908 TRI-STATE LIVESTOCK NEWS | THE FENCE POST

reed Covelli Broker/owner

Q: Are there any easements on the property?

A: This is an important question because this isn’t something that is always recorded in a document. Depending on the easement, it may lower the value of the property and cause you inconvenience. Additionally, you should check into whether there are any easements required to gain access to your property. If the only access to a piece of property is through the neighbor’s, you want to make sure they can’t lock you out. Krug emphasized checking into even “handshake” agreements. If there are any “handshake” agreements in place, you may want to get them in writing before purchase.

Tyler Krug, Land Manager for People’s Company in Iowa

Q: How are the fences?

A: Fencing is time-consuming and expensive, so if the fences are in poor condition, you need to figure those costs into your initial investment. Garrett pointed out that it’s important to know who is responsible for the fences. He recommends asking your realtor which fences belong with the property and the condition of the fences that the neighbor is responsible for, and how the neighbor is to work with on maintaining fences.

Jeff Garrett, Real Estate Broker for Farmers National Company in Spearfish, South Dakota

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Q: Who are the neighbors to the land?

Q: How is the property watered?

A: Garrett has been in the real estate business long enough to know that asking about the neighbors is a smart business decision. It goes hand-in-hand with the fences. It’s a good idea to know who your neighbors are, and how they are to work with, especially since you’ll be sharing a fence. A good relationship with the neighbors can make a piece a property a lot more appealing, while difficult neighbors may be enough to sway your decision.

A: You can count on putting a lot of money into a piece of property if it doesn’t already have access to water. Make sure you know who owns the legal water rights and/or irrigation rights. Again, make sure these are in writing prior to purchase. If you count on a creek or river, are there any dams upstream that will affect your access? Does it run year-round? If the property has access to a rural water system, check on monthly costs and the possibility of adding more taps for livestock water. In times of drought, if you have to haul water, where is the nearest location you can get water? Without water a piece of property is practically useless for agriculture, so make sure you check into this one thoroughly, Garrett said.

Q: How does the price compare to similar property in this area?

A: While an appraiser uses comparable sales to come up with the actual value of the property, other factors may affect the sale price of property. Krug said some established farmers or ranchers may be willing to pay more to have land that’s close to their home place or that has sentimental value, or otherwise contributes to their overall net worth—such as by providing water access for an otherwise dry pasture. Influences outside of agriculture, like recreation and development, can also dramatically influence the value of property in an area. When you’re looking at comparable properties to price-check, make sure you find out if any of those factors are at work in the area.

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Q: Are there any utilities available to the property?

A: Along with your water supply, you may need electricity or want it later down the road. Garrett pointed out that if the land doesn’t have electricity this is an extra cost that isn’t cheap to do.

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Questions

LAND BUYERS SHOULD ASK, BUT OFTEN DON’T

Q: Are there any pipelines or buried Q: What is the best way to buy land? utilities going through the land?

These can cause issues when putting in fence or planting trees, Krug said. Also, if there are utilities of any kind on a property, you may need to check into the conditions of the easement, so there aren’t any surprises if the cable company needs to dig up their line for an update, for example. You should always call 811—the hotline which provides a location service for underground utilities for free—before you do any digging. If you don’t get a locate done before you start digging, you can be held financially responsible for any damage you do to utilities.

Q: Are there any environmental concerns with this property?

A: Garrett recommends getting an environmental assessment done on the ground, if it hasn’t already been done, to have a solid understanding of the condition. An environmental assessment checks for contamination and soil, air and water quality. If there are undisclosed issues—toxic spills or waste buried, for example—they can end up costing you a lot of money in cleanup and mitigation down the road.

A: The best answer is cash, but that’s rarely an option.

For those just starting out, Krug recommends using the Farm Service Agency’s Beginning Farmer’s Loan, if you’re eligible. An option that can benefit both the buyer and the seller is to work with the landowner on a contract for deed, which can provide tax benefits for the seller, and more flexibility and lower closing costs for the buyer. State departments of agriculture often have programs in place to help ag buyers find financing and sellers deal with the tax implications of a large sale.

Q: Do all the improvements of the property convey with the sale?

A: While looking at ground you may see new gates, fences, or water tanks and think it’s all included. Garrett said to never make that assumption. Make sure that everything you see is either included or not, and get it in writing. You want to know exactly what you’re paying for. Along with this, Garrett suggests asking if the mineral and water rights covey with the sale also. When purchasing ground you don’t want to overlook anything that may seem obvious.

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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Questions

LAND BUYERS SHOULD ASK, BUT OFTEN DON’T

Q: What is the historic carrying capacity?

Garrett said it’s easy to overestimate how much livestock a piece of property can support.

Keep in mind that not all cattle are the same size or have the same nutrition requirements, and management styles can vary dramatically. Take the time to examine the grass and soil to see if it’s been overgrazed.

Q: Are there any noxious weeds or varmints (such as prairie dogs) on the property or surrounding areas?

A: The landowner is legally responsible for controlling noxious weeds, like leafy spurge and Canada thistle. That can have a huge price tag in both herbicides and labor, and is sometimes an influencing factor in selling a piece of property. If the neighbor’s property has a noxious weed or prairie dog problem, it’s just a matter of time until it moves onto your property. Make sure you know the actual situation and adjust your offer accordingly.

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

ISTOCK PHOTO - PATRICK ZIEGLER

Q: What are the annual property taxes?

Property taxes can be a major part of your operating costs.

Garrett said this is a helpful in making sure you are aware of the actual amount of capital it is going to take to purchase the land.

As far as land availability, Krug said, “There is going to be a large transition to purchase farmland in the next 10-15 years. There isn’t a lot of turnover on farms, but the majority of farmers, right now, are over the age of 65. In the next couple of years land will be passed down to the next generation or sold. The price of farmland, even though crop prices aren’t great, is still high because there aren’t that many farms for sale.”

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Questions

LAND BUYERS SHOULD ASK, BUT OFTEN DON’T

Land is considered a stable investment, but if you overpay for it or find it was misrepresented, you may end up in a situation there’s no good way out of. Take your time, ask questions, and invest some time in researching what you want your land to do for you.

ISTOCK PHOTO - PATRICK ZIEGLER

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TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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Resolving rural conflicts From boundary lines to bankruptcy,

farmers and ranchers have resources

A

By Jeremy D’Angelo

s the world population rapidly increases to nine billion people by 2050, the struggle for land use becomes more and more common. Especially as more and more urban consumers in America feel the pull of rural nostalgia and move into agrarian communities to raise families or simply live.

Oftentimes, this creates conflicts between farmers and ranchers and neighbors. A situation that is all to familiar to Amanda Zaluckyj, full time lawyer, daughter of Michigan corn and soybean farmers and owner of the blog, The Farmer’s Daughter USA. According to Zaluckyj, her family has run into several conflicts over the years, including neighbors stealing fruit and vegetable crops and people driving through their fields. However, one stands out from the rest.

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On Zaluckyj’s birthday in 2015, she and her family were driving home from dinner when they came across some neighbor kids who had set up a tent in one of their fields near the road and were shooting a bb gun at passing cars, Zaluckyj said.

When Zaluckyj and her family confronted the kids, they took off, leaving her and her family to clean up the mess, she said.

“We confiscated the guns and tent and took them to our house,” she said. “Both parties contacted the police and it turned a bit nasty.”

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Amanda Zaluckyj, full time lawyer, daughter of Michigan corn and soybean farmers and owner of the blog, The Farmer’s Daughter USA.

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

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NICE UNIT—639 ACRES – 2 Pivot Sprinklers, dry farmland, grass, 3 bedroom home, 30’x40’ building Priced to sell $900,000

Cope, CO

Several Other Properties Listed for SALE SPECIALIZING IN FARMS & RANCHES & Rural ACERAGES

Resolving rural conflicts It is situations similar to Zaluckyj’s where Forrest Buhler, staff attorney for Kansas Agricultural Mediation Services, comes to the aid of farmers.

Kansas Ag Mediation Services (KAMS) works to provide financial and legal advice, as well as preparation services to farmers and ranchers within the state of Kansas, Buhler said.

Generally, KAMS becomes involved after the issue has escalated and legal issues arise, Buhler said.

Buhler said he deals with legal issues between neighboring farmers, such as disputes over a boundary line or fence maintenance and issues between farmers and non-farmers, such as landowners that reside out of the state.

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“My role is kind of helping them get a better understanding of what the issues are in their disputes and answering some basic legal questions,” he said.

“My main goal is getting them hooked up with the financial counseling and legal assistance that we have, to give them some direct assistance in preparing for mediation,” Buhler said.

The program, along with 40 others in different states around the country, is funded by the United States Department of Agriculture (USDA), via the Farm Service Agency. While they are available to help with various types of legal issues, their main focus is helping farmers work with their credit lenders and USDA program appeals, when they are struggling to make loan payments. Buhler said they often provide mediation for the farmer or rancher and lender, trying to find alternatives to foreclosure or bankruptcy.

According to Buhler, seeking mediation can prevent a suit and is required in some states, such as North Dakota.

“There are a lot of other costs associated with legal action and a lot of creditors want to try and help their customer stay in business,” Buhler said.

“If mediation doesn’t work and an agreement can’t be reached, then sometimes creditors may

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Forrest Buhler, staff attorney for Kansas Agricultural Mediation Services

take other other action to foreclose on property or to collect their debt somehow through the legal system.”

In Kansas, mediation is optional, but often times creditors and non-farmers will want to participate in mediation with the farmer to prevent those costs, he said.

“Our program has mediators that we contract with to actually do the mediations that come though our program,” Buhler said. “We have about 10 mediators across the state that will go out to the community

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where the parties are located to work with them in a neutral location and facilitate the discussion between them to see what can be worked out.”

In terms of legal advice, Buhler said KAMS works with a group called Kansas Legal Services and refers farmers to attorneys in their area.

Getting legal help though Kansas Agricultural Mediation Services is very affordable as it is based off the farmer or rancher’s income and can vary from $20 an hour up to $80 an hour, Buhler says.

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Resolving rural conflicts

NEBRASKA PANHANDLE PROPERTIES

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Call Don at 308.631.0527 NEW! SANDHILLS RANCH SOUTHEAST OF ALLIANCE, NE: 3,190 acre ranch has excellent protection with rolling sand hills surrounding large hay meadows z small lakes. Excellent calving tree rows are located next the building site and which includes a modest home, good pens, and adequate outbuildings. The ranch has had excellent care with good perimeter and cross fencing, and 13 windmills. Call John at 308.641.2352 NEW! NORTH OF KIMBALL: Just into Banner County, 317 acre property with 284.8 acres CRP at $36.03 per acre. Contract to 2025. Property is just over 4.5 miles west of Highway #71, and the south property line is the Kimball/Banner County Line.

NEW! NORTHWEST HARRISBURG: App: 158 dryland acres with County Road on two sides. Good accessibility 1.5 north, and 1 mile west of Harrisburg.

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“Even if it just means waving to them when we drive past,” she said.

She also recommended that farmers and property owners understand their legal rights and how they can enforce those rights.

“I think if the situation occurred again, we would call the police before confiscating the tent and perhaps even take photographs of what was happening,” Zaluckyj said. “Although I think we handled the situation properly, there were additional things we could have done to protect ourselves.”

Any farmers or ranchers that need legal or financial advice can find out if their state has a program similar to Kansas Ag Mediation Services by visiting www. fsa.usda.gov/Internet/FSA_File/ ag_mediation_program.pdf.

5300 Norwood Ave, Loveland, 80538

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Southwest Loveland ranch style home on 4.97 +- acres.

Private location near Devil’s Backbone provides beautiful mountain views. The home will have a brand new roof soon!

Trees around the home are mature, property is fenced and there is an area where hay is grown and harvested each year. Easy drive to Loveland or Fort Collins. Area to keep horses and ride in the country. Barn with box stalls and drive thru area, hay storage and tack storage. Historic stage coach stop on the property with lean to for horses and bunk house! Come take a look at this one!

Perfect views of sunrise and sunset! 3 bed, 3 bath ranch on 434+/- acres. Fenced for rotational grazing. Attached 2 car garage plus detached 1,056 sq ft shop/garage/barn.

Eaton school district. Unfinished basement to expand/add as you want. 7 parcels of land, keep and graze or sell some!

Original owner, well-cared for. Sunroom on West side adds year-round enjoyment. From this home to (by Google maps) Eaton 18 mins; Ault 13 mins; Ft Collins 37 mins; Greeley 29 mins, Cheyenne 51 mins.

MLS 807033,

$635,000 60

Zaluckyj’s family’s situation was resolved after both parties came together to talk it out, but she stressed getting to know neighbors and maintaining positive relationships with them in order to avoid conflict.

Homeland SPRING 2017

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

MLS 804754,

$850,000

If you have been waiting for the time to sell please give me a call as this may be the time!

Jack Taylor, GRI

Broker Associates/Partner

Office: 970-419-2351 Cell:970-420-9302 Fax: 970-221-0746 www.jacktaylorrealestate.com Email: jtaylor@thegroupinc.com

970-842-3600 1-844-990-7400 28685 Hwy 34 • Brush, CO

2016 Hillsboro Endura, 8x26, 3x7K Ax, 3 Comp w/Sliders ...........................$22,500 2017 Hillsboro Endura, 7.5’x26’, 7K Ax, w/ Adj Front Gate ..............................$19,900 2017 Hillsboro Endure, 7.5’x22’, Adj Front Gate, 52” Escape Gate, FVC Plexiglass, List $21,900.........................................$18,500

OFFICIAL

2017 Travalong Advantage GN, 6.8’x24’, 3 Comp, Galvanized Side Walls, 7K Ax ..$10,999

DEALER

2015 HART 2-Horse, Slant, BP, Dressing Room, Fold-Down Windows ........ $15,900

2006 Cimarron 4 Horse, GN, Ramp, Rear Tack Dressing Room .............. $13,900

1996 Sundowner Sunlite Aluminum GN 3-Horse, DR, AC .......................................................$10,500 1994 Sundowner Aluminum 3-Horse GN ...$8,600

2017 Neville Built 53’ Dropdeck w/Ramp CALL FOR PRICING

2016 Travalong Bandit GN 3 Horse, 18’, Ht 7’, DB Wall, Mats, Rubber Bumper........... $12,300 2017 Neville Built 53’ Groundload Livestock Trailer ......................... CALL FOR PRICING

www.silverspurtrailers.net Email: silverspurtrailers@kci.net TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Homeland SPRING 2017

61

Wiggins

Ft. Morgan

(970) 483-7373

(970) 867-7373

105 Central Ave, Suite A Wiggins, CO 80654

Becky Schmidt

Missey Shaver

Lee Ann Samuels

beckys.re@gmail.com

missey@gatewayrealtywiggins.com

sincerelee8680@gmail.com

Casey Bledsoe

Stacey Martindale

casey@gatewayrealtywiggins.com

martindale.stacey@gmail.com

970.371.0965

970.768.6937

970.768.8319

Dee Carpenter

970.467.6223

Homeland SPRING 2017

970.380.3996

970.441.0063

Kaleigh Key

970.366.1123

kaleighkey@icloud.com

Glenn Neal

deloriselaine1941@hotmail.com

62

Independently Owned & Operated

970.768.7373

glenn@gatewayrealtywiggins.com

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

417 Main Street Fort Morgan, CO 80701

Jerry Tripp

970.768.1771

jerrytripp339@msn.com

Chris Widener

970.380.1293

cwidener66@gmail.com

Susan Browne

970.380.7879

gatewaysusanbrowne@gmail.com

Advertiser Index Ace in the Hole Construction, LLC...............................................11 Agri-Enterprises, Inc........................................................Back Cover Alpine Homes, Inc.............................................................................38 Arnold Realty..........................................................................................2 B & G Equipment, Inc.......................................................................45 Bertolotto Real Estate & Auction Inc..........................................18 Bridger Steel...........................................................................................3 Cevey Pennington ............................................................................34 Farm Credit of Southern Colorado..............................................11 First Farm Bank Colorado............................................................... 53 Fischer Rounds Assoc......................................................................48 Gateway Realty, LLC/Wiggins......................................................62 Goodman Realty Co., Inc................................................................58 Hall & Hall Mortgage Corp............................................................. 23 Hall and Hall Auctions........................................................................4 Hayden Outdoors-Dax Hayden......................................... 12 & 13 Helberg & Nuss Auctions & Real................................................. 60 Hewitt Land Company........................................................................1 High Plains Alcorn Realty...............................................................29 Kraupies Auction Service................................................................59 Kreps-Wiedeman Auctioneers....................................................58 Land Brokers Inc. - Rapid................................................................41 Leadbetter & Webster Land Co................................................... 57 Legacy Tractor.....................................................................................64

Liechty Homes...................................................................................26 Morgan County Realty.....................................................................48 Muirhead Auction Co.......................................................................29 Nebraska Land Brokers....................................................................43 Pearson Real Estate Co., Inc.......................................................... 55 Plains Realty........................................................................................ 32 Real Estate Center - Belle Fourche, SD.................................... 52 Rick Shoulberg.................................................................................... 52 Schroeder’s All American Homes................ Inside Back Cover Shippy Realty...................................................................................... 42 Silver Spur Trailers.............................................................................62 Stahla Mobile Homes..................................................................... 40 Sturgis Real Estate.............................................................................28 Stutzman Feed Mill............................................................................ 21 Terra West Real Estate Service.....................................................16 The Fence Post...................................................................................35 The Group- Jack Taylor.................................................................. 60 The Real Estate Consultants Ed Wofford................................63 Tri State Realty....................................................................................39 Tri-State Livestock News................................................................44 Vap Construction............................................................................... 32 Wardcraft Homes..............................................Inside Front Cover Warner Real Estate............................................................................ 21

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Homeland SPRING 2017

63

64

Homeland SPRING 2017

TRI-STATE LIVESTOCK NEWS | THE FENCE POST

Modular/Manufactured Homes & Land/Home Packages 2,030 Sq. Ft.

121,900

$

Redman & Champion Homes, York, NE www.redmanhomesyork.com

Many Options Available (Delivery within 100 miles) Usable Attic Space

Available On Most Commodore Floor Plans

Commodore Homes of Indiana www.commodore-in.com

Single Wide 16x80 Delivered, Set up New $53,000

SEE OUR TINY HOME!

Meets RV Code – Perfect permanent cabin GREAT RETIREMENT HOME!

WE’RE EASY TO FIND! West

South Greeley Hwy85

Interstate 80

East

South from I-80 on Greeley Highway, East at the first light on Fox Farm Road one half mile to Schroder’s All American Homes

Morrie Ave.

Fox Farm Road

10 Morrie Avenue, Cheyenne, WY 82007 307-634-7399 • Toll Free 1-877-391-9762 Mon-Sat 9-5

www.schroederamericanhomes.com

+/- 78 ACRES LOCATED ON THE WEST SIDE OF MILLIKEN COLORADO and bounded by County Road 46 on the south and County Road 46 1/2 on the north.

Property is annexed to town of Milliken. The property is offered with 1.5 shares of Hillsborough Ditch Company and associated lateral and/or running rights, and 50 units of CBT. Les or Greg $2,785,000

+/- 111 ACRES, 6037 HIGHWAY 60 JOHNSTOWN, COLORADO. Property is annexed to the Town of Johnstown.

Modest improvements including 2 homes. The property is offered with 11 shares of Home Supply, and associated lateral and/or running rights, and 130 units of CBT. Les or Greg. $6,700,000

112+/-IRRIGATED ACRES, AWESOME HOME, 5 MINUTES FROM DOWNTOWN FORT COLLINS 3455 North Shields, +/- 3988 sq ft 3 bed, 3 bath, stunning home w/ carriage house, custom cabinets, kitchen island, fabulous outdoor patio/ living area. Property also features live water, excellent valuable water rights, (Jackson Ditch) great heated large shop / office, extraordinary views, no HOA, Sellers mineral rights included, Les or Greg. $2,450,000