The state of North Dakota is appealing a June ruling by Southeastern District Court Judge James Bekker that allowed the non-profit corporation Crosslands, Inc. to keep roughly 848 acres of the 1700 acres the non-profit owns.The state of North Dakota has a statute on the books that effectively prevents the corporate ownership of farmland. However, there can be corporate ownership of farmland as long as the land is controlled by a family farm operation. Corporations can also own farmland for conservation and wildlife habitat protection as long as the deal to own the land for these purposes is approved by the governor. Crosslands, Inc. did not obtain such approval. So, the state of North Dakota brought this lawsuit to prevent Crosslands, Inc. from allegedly violating the state anti-corporate farming law.
While the June ruling only lets Crosslands, Inc. keep 848 acres of the 1,700 the nonprofit owns in three North Dakota counties, Assistant Attorney General Charles Carvell maintains that the corporation should only be allowed to keep the 320 acres that was donated to Crosslands, and in fact, the state is not appealing the ruling with regards to those acres.
According to the Associated Press Article by Dale Wetzel, which is published on the Newsday.com website, the state is appealing the ruling because the state argues that highly erodible land and property that is considered “necessary for wetlands management” should still be subject to the statute. Bekken ruled that the nonprofit corporation could keep such land.
The appeal argues that Crosslands, Inc should be forced to give up all the 949 acres the nonprofit corporation owns in Griggs County, North Dakota. Wetzel quotes Crosslands, Inc founder James Cook as stating:
We had a partial victory there, and they don't even want us to have that . . . Our motivation is to try to secure some areas for wildlife, and restore wetlands. It's a real kick in the teeth when you're trying to do something good, and you get such enormous rejection.
The North Dakota Supreme Court will consider the case at a later date.
To read Wetzel’s article on the Newsday.com website click here.
To read Wetzel’s article on the Newsday.com website click here.
Posted: 08/10/09
