Proposal to repay landowners over buffer law hits roadblock

A bill to compensate landowners for farmable land used in riparian buffers was sidelined Wednesday by the House Environment and Natural Resources Policy Committee.

As amended, HF200 would pay landowners from the General Fund based on the average county acreage rent value. What that would mean fiscally is unknown, but, “It will be expensive,” said Rep. Paul Anderson (R-Starbuck), the bill’s sponsor.

Anderson called the plan a necessary component to close the loop on buffer implementation and to repay farmers for the loss of revenue from land used for the conservation practice that helps keep sediment and nutrients out of state waterways.

Anderson characterized the 2015 law requiring buffer strips or other conservation efforts to protect public waterways as a mandate that places a financial burden on the shoulders of farmers already faced with a poor economic outlook.

That argument over lost revenue caused concern for Rep. Jean Wagenius (DFL-Mpls), who pointed out the change could set a poor precedent with broad ramifications. Builders denied additional floors on a building or the right to build to a lot line could also make the argument that a governmental decision was impeding their ability to profit from a piece of property.

“What you are talking about is a planning or zoning instance where government is saying you cannot do this. What the buffer law does, it says you must do this,” Anderson replied. “… This will be challenged in court. Now, that’s my opinion. [The] constitution says just compensation for the taking of private land. And this is one thing we haven’t addressed yet with the buffer law.”

“The courts have been very clear this has not been a taking,” Wagenius replied.

Noting that other bills addressing the issue of riparian strip compensation are expected, Rep. Jamie Becker-Finn (DFL-Roseville), the acting committee chair, laid the bill aside.

A companion, SF459, sponsored by Sen. Torrey Westrom (R-Elbow Lake), awaits action by the Senate Environment and Natural Resources Policy and Legacy Finance Committee.