{"id":4881,"date":"2026-08-24T21:08:29","date_gmt":"2026-08-24T21:08:29","guid":{"rendered":"https:\/\/hometransferguide.com\/?p=4881"},"modified":"2026-08-24T21:08:29","modified_gmt":"2026-08-24T21:08:29","slug":"farmers-accuse-govt-of-overstepping-their-property-rights-in-rural-battle-over-trumps-nominations","status":"publish","type":"post","link":"https:\/\/hometransferguide.com\/?p=4881","title":{"rendered":"Farmers Accuse Gov\u2019t Of \u2018Overstepping\u2019 Their Property Rights In Rural Battle Over Trump\u2019s Nominations"},"content":{"rendered":"
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Farmers in North Dakota said a federal rule put in place by former President Joe Biden\u2019s administration violates their property rights and has caused them to suffer financially as Republican North Dakota Sen. Kevin Cramer threatened to hold President Donald Trump\u2019s nominations over the rule. <\/p>\n

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Farmers impacted by the policy say the Fish and Wildlife Service (FWS) policy prevents them from installing underground agricultural drainage tiles near protected federal easements, arguing it interferes with their property rights and causes them financial harm. The Trump administration backed out of its initial plans to rescind the policy on behalf of farmers, prompting Cramer\u2019s plan to withhold \u201cany and all\u201d of Trump\u2019s nominations until the administration agrees to change it. <\/p>\n

Some impacted by the policy told the Daily Caller News Foundation that the FWS was \u201coverstepping\u201d its boundaries and was unwilling to compromise with struggling farmers. Conservation groups and hunters argued that the policy protects birds habitats. <\/strong><\/p>\n

Steve Hansen, a farmer from Oakes, North Dakota, told the DCNF that easements make it difficult for him and other farmers to grow food and argued they hurt the wildlife population. <\/p>\n

\u201cWhat happens is when water ponds, if not managed properly, then what it does is it pushes the salt out of the soil and up to the surface, and it kills. The salt will kill everything, nothing grows there,\u201d Hansen said. \u201cThe setbacks are we\u2019re supposed to stay back when it comes to managing these wetlands. They won\u2019t allow us to do it. We\u2019ve offered to move these wetlands. Let\u2019s move them to different areas where we can manage it better and after a certain time, we can hay some stuff off after the primary nesting period.\u201d (RELATED: Kevin Cramer Threatens Trump\u2019s Nominations Over Conservation Policy That Inflamed Property Owners)<\/strong><\/p>\n

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\u201cIt negatively impacts me because now I can\u2019t produce food for the country on my land because it\u2019s so tied up as salt because of their setback rules,\u201d Hansen continued. \u201cAnd by the way, if there happens to be any ducks nesting anywhere around or anything, we\u2019ll tend to till right through that or plant through it. We\u2019re providing a solution. They just don\u2019t want to hear it.\u201d<\/p>\n

Since the 1970s, the FWS has purchased hundreds of thousands of acres of easements in the Midwest to conserve the region\u2019s Prairie Pothole wetlands and protect waterfowl habitats, according to E&E News. In 2024, former President Joe Biden\u2019s administration finalized a rule to ensure that farmers did not interfere with protected wetlands while draining soil.<\/p>\n

The FWS initially planned to reduce farming restrictions after farmers argued the policy put a lot of farmland out of production, according to E&E News. The agency paused the Biden-era rule after tens of thousands of duck hunters, conservation groups and some lawmakers urged the administration to keep the existing rule in place to protect waterbird habitats.<\/p>\n

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Drain tile is a network of perforated pipes buried beneath farmland to carry excess water away from fields and keep crops from becoming waterlogged. North Dakota is located in the \u201cPrairie Pothole\u201d of the Upper Midwest, which are soil depressions formed by a glacial melt. <\/p>\n

Hansen added that the easements are costing taxpayers money, hurting the waterfowl habitats and \u201coverstepping\u201d in farmers\u2019 operations. <\/p>\n

\u201cSo, do I think they\u2019re overstepping? They are,\u201d Hansen continued. \u201cThey took advantage of a farmer when they were in financial peril and now it\u2019s just like they\u2019re just stepping on top of them again. They\u2019re not willing to look at this.\u201d<\/p>\n

Hansen stated if the policy is not changed, everyone will suffer the consequences. <\/p>\n

\u201cIt\u2019ll mean less money in farmers\u2019 pockets, it\u2019ll be more money out of taxpayers\u2019 pockets, while nobody likes to hear,\u201d he said. <\/p>\n

Drew Courtney, another farmer from Oakes, North Dakota, arguedthat the rule offers no respect for private property rights and forces them to \u201cwatch [their] land go backward.\u201d<\/p>\n

\u201cThe fundamental issue is regulatory overreach. These rigid setbacks effectively force federal control onto unencumbered private land that was never part of any original easement agreement. Farmers are simply asking for common ground\u2014a reasonable, predictable setback standard that respects private property rights while allowing us to manage our fields,\u201d Drew Courtney told the DCNF. <\/p>\n

\u201cWithout reasonable drain tile management, we are forced to watch our land go backward. Moisture control is vital for soil health,\u201d Courtney continued. \u201cWhen we cannot properly manage water, subsoil salts rise to the surface, creating degraded, barren salt alkali spots. These saline areas do not produce crops and do not help wildlife; they leave behind unusable ground that serves no one.\u201d<\/p>\n

FWS did not respond to the DCNF\u2019s request for comment. The agency said it is \u201cdedicated\u201d to protecting wildlife and landowners\u2019 property rights.<\/p>\n

\u201cOur administration is dedicated to protecting both the wetland easements purchased by the FWS that are necessary to protect our conservation heritage as well as the private landowners\u2019 use of their lands outside the easement boundaries. At this time, no further action is planned as we review the information received,\u201d FWS said on X. <\/p>\n

North Dakota farmer Cody Peterson told the AG Web Farm Journal that he and many other farmers were financially struggling because of the rules. <\/p>\n

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\u201cIt\u2019s federal abuse and it\u2019s at an all-time high,\u201d Peterson said. \u201cGovernment officials have no sense of reason when it comes to farmland. They use a wedge on a small piece of land and then take control of everything you have. I\u2019m just one guy, but there are thousands of irate farmers like me with the same bureaucratic problems on their land. We\u2019re steadily losing money and struggling while FWS comes up with more ridiculous rules. We\u2019re sick of Washington, D.C.\u201d<\/p>\n

Peterson, who grows corn and soybeans, obtained a map from FWS identifying 21 prairie potholes within a 140-acre field subject to an FWS conservation easement signed in 1963 by a previous owner, according to AG Web. Peterson said the rule \u201cknocked out\u201d up to 60 to 70 acres of his field. <\/p>\n

\u201cI love to hunt and fish, and I love being in nature, but I\u2019ve got to make a living and work my farmland with common sense,\u201d Peterson continued. \u201cThat\u2019s all me and the other landowners around have asked for. But that\u2019s the core of the problem, as I see it: Common sense is at a zero-level with our government officials.\u201d<\/p>\n

Northland Township, North Dakota, Supervisor Mike Thoreson said he cut a ditch and drained several feet of high water after a snowmelt flood so residents could use a road, though the FWS told him he had to fill it in or face penalties, according to AG Web. <\/p>\n

\u201cNo way was I backing down,\u201d Thoreson said. \u201cWe were protecting our citizens\u2019 access to emergency services. What if that was your family? I didn\u2019t care how much FWS fined us. I was beyond pissed and ready for a legal fight.\u201d<\/p>\n

Thoreson said the draining gave them a road again after the flooding covered it, according to AG Web. Jeff McCoy, an attorney with the Pacific Legal Foundation, reached an agreement with FWS that if a portion of the drainage work were removed, Northland Township would be allowed to lower water to ensure their street is passable. <\/p>\n

Ducks Unlimited, a pro-conservation group, said the policy helps \u201csafeguard some of North America\u2019s most important waterfowl habitat[s].\u201d <\/p>\n

Parker Williams, communications director at Ducks Unlimited, told the Daily Caller that hunters were speaking with \u201cone voice\u201d in support of keeping the current protections.<\/p>\n

\u201cFor decades, the dollars of duck hunters across America have been invested directly into conserving this critical breeding habitat in the Duck Factory,\u201d Williams told the Daily Caller. \u201cRescinding this rule would impact every duck blind in America.\u201d<\/p>\n

Hunters argued that allowing agricultural drainage pipes too close to wetlands would dry out prairie habitats, destroy millions of dollars in hunter-funded conservation investments and harm waterfowl populations, according to Ducks Unlimited and Backcountry Hunters & Anglers. <\/p>\n

\u201cWhen installed too close to a protected wetland, however, they can also pull water out of that wetland and reduce its value for waterfowl and other wildlife,\u201d BHA said. \u201cTo prevent this, the Fish and Wildlife Service establishes minimum distances\u2014known as setbacks\u2014between new drain tile and protected wetlands. These protections are particularly important given that more than half of the nation\u2019s historic lower 48 wetland waterfowl habitats have already been since America\u2019s founding.\u201d <\/p>\n

\u201cBHA believes any changes should protect both the conservation value of these wetlands and the investments sportsmen and women have made in them,\u201d the statement continued. \u201cFor decades, hunters have helped finance these voluntary easements through the Federal Duck Stamp, with Duck Stamp revenues helping permanently protect millions of acres of wetlands and grasslands in the Prairie Pothole Region.\u201d<\/p>\n

Ellingson Drainage, a firm serving Prairie Pothole farmers, sued over the 2024 rule, claiming it reduced installable areas and imposed a strict \u201cno effect\u201d standard. A federal court dismissed the case in 2025 for lack of standing. <\/p>\n

Cramer expressed frustration with the FWS\u2019 decision to keep the current protection in place, arguing it impedes landowner and private property rights.<\/p>\n

\u201cFrankly, I am stunned,\u201d Cramer said in a statement obtained by the DCNF. \u201cThe blind defense of a Biden rule favored by environmental extremists at the expense of farmers confounds me, particularly at a time when our ag producers are hurting so badly. Rising fuel and fertilizer costs resulting from limited traffic in the Strait of Hormuz along with lost international markets have put farmers on their heels. Now they can\u2019t even count on the administration to defend them against radical environmental activists who are advocating for the feds to take more of their land.\u201d<\/p>\n

Some Republican and Democrat lawmakers celebrated the administration\u2019s move, including Republican Arkansas Rep. Steve Womack. <\/p>\n

\u201cThank you to [Interior] Secretary [Doug] Burgum for listening to our concerns\u2014and those of countless Arkansans who value conservation,\u201d Womack said on X.<\/p>\n

Cramer\u2019s hold could delay the White House\u2019s effort to install Project 2025 author Dennis Kirk as the next inspector general at the Interior Department and others nominated to serve at the Health and Human Services Department and the National Science Foundation, according to E&E News.<\/p>\n

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Farmers in North Dakota said a federal rule put in place by former President Joe Biden violates their property rights.<\/p>\n","protected":false},"author":1,"featured_media":4880,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[3961,3962,3895,1894],"class_list":["post-4881","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-interesting","tag-farm","tag-fish-and-wildlife-service","tag-kevin-cramer","tag-north-dakota"],"yoast_head":"\nFarmers Accuse Gov\u2019t Of \u2018Overstepping\u2019 Their Property Rights In Rural Battle Over Trump\u2019s Nominations - Home Transfer Guide<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/hometransferguide.com\/?p=4881\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Farmers Accuse Gov\u2019t Of \u2018Overstepping\u2019 Their Property Rights In Rural Battle Over Trump\u2019s Nominations - 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