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Easement fight featured on NPR
By Steve Rzasa
The battle by the owner of the Buffalo Bulletin to overturn a decision that removed a conservation easement for Meadowood Ranch in 2002 has received national media attention.
Robb Hicks was interviewed by National Public Radio’s David Baron for the “Shifting Ground” series segment entitled, “Conservation Easements: Who decides when ‘forever’ ends?”
The segment aired Tuesday night, March 11, on NPR during the “All Things Considered” radio show. A transcript of the interview, along a recording and photos, is available at http://www.shifting-ground.com/conservation_easements.html.
The Johnson County Commissioners passed a resolution in August 2002 that dissolved the conservation easement for the 1,043-acre property now called C Bar B Ranch. The county had created this easement in 1993 after then-owner Paul Lowham requested the protection.
Lowham sold the property to Fred and Linda Dowd in 1999, but the Dowds ran into a problem when an energy company began drilling for natural gas on the land. The mineral rights supercede surface property rights.
The Dowds asked the commission to dissolve the easement because of this development.
Hicks and his Pronghorn Publishing company filed suit against the commission in July 2003, alleging several violations on the part of commissioners, including that they did not post a separate notice of public meeting for the Scenic Preserve Trust board that oversaw the easement. The trust board was made up of the county commissioners.
In May 2007, however, the Wyoming Supreme Court ruled that Hicks lacked standing in the case and also that the commissioners didn’t violate the state’s open meetings law by getting rid of the easement without posting public notice for a separate meeting of the Scenic Preserve Trust.
Robb Hicks was interviewed by National Public Radio’s David Baron for the “Shifting Ground” series segment entitled, “Conservation Easements: Who decides when ‘forever’ ends?”
The segment aired Tuesday night, March 11, on NPR during the “All Things Considered” radio show. A transcript of the interview, along a recording and photos, is available at http://www.shifting-ground.com/conservation_easements.html.
The Johnson County Commissioners passed a resolution in August 2002 that dissolved the conservation easement for the 1,043-acre property now called C Bar B Ranch. The county had created this easement in 1993 after then-owner Paul Lowham requested the protection.
Lowham sold the property to Fred and Linda Dowd in 1999, but the Dowds ran into a problem when an energy company began drilling for natural gas on the land. The mineral rights supercede surface property rights.
The Dowds asked the commission to dissolve the easement because of this development.
Hicks and his Pronghorn Publishing company filed suit against the commission in July 2003, alleging several violations on the part of commissioners, including that they did not post a separate notice of public meeting for the Scenic Preserve Trust board that oversaw the easement. The trust board was made up of the county commissioners.
In May 2007, however, the Wyoming Supreme Court ruled that Hicks lacked standing in the case and also that the commissioners didn’t violate the state’s open meetings law by getting rid of the easement without posting public notice for a separate meeting of the Scenic Preserve Trust.
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The following are comments from the readers. In no way do they represent the view of buffalobulletin.com.
Listened wrote on Mar 14, 2008 10:16 AM:
" We happened to be tuned to NPR and heard that the other day. From what Dowd told the reporter it sounds like the land has been demolished by the mineral companies. We drive by that on the way to our home in Clearmont, and it sure doesn't look that way. Hope the State of Wyoming takes up the fight. All conservation easements could be in danger if they let this stand. "
Yep wrote on Mar 12, 2008 8:47 PM:
Then Mr. Hicks tries to do something in the public interest and is told he has no standing in court.
An interesting question, who would have had standing? Supposedly the moral rational for the easement in the first place was to benefit the public. Let's also acknowledge that the original owner got a heck of an income tax break. Did anyone ever have to "pay back the public" when the easement was removed?
"