$500 Million Everglades Deal Postponed Again

Florida Gov. Charlie Christ is getting a lesson that real estate brokers know all too well: big deals take time.

It’s been almost two years since Christ announced the $1.75 billion purchase of 187,000 acres in the Florida Everglades from United States Sugar. Since then the economy has tanked and the purchase price has been lowered twice: to $1.34 billion and now $536 million. In each instance, the number of acres has also fallen: first, to 180,000, and, in the most recent iteration, to 72,500. Faced with a March 30 deadline, the governing board of the South Florida Water Management District voted 9-0 to extend the closing for another six months.

An added element to the high-profile transaction was an in-depth front-page story in The New York Times last week that questioned many deal points, including the cost per acre, which The Times suggested is much too high, the tracts themselves, which The Times suggested include some of the least valuable belonging to U.S. Sugar, and the purpose of buying six separate tracts without reaching out to Florida Crystals, United States Sugar’s chief competitor and the owner of key blocks of adjacent land.

But the principle focus of the article was how Gov. Christ’s plan to save the Everglades will instead rescue United States Sugar. Since its publication, supporters and detractors have descended upon the media with their own interpretations of the deal.

Read more from a gubernatorial candidate who opposes the purchase HERE.

Read more about environmentalists who support the purchase HERE.

For Sale: Hall & Hall Lists Montana’s N Bar Ranch

One of the most historic working ranches in the Rocky Mountain West is on the market. The 62,091-acre N Bar Ranch, whose chain of title includes Tom Cruse, Anton Holter, and Jack Milburn has been listed by Hall and Hall for $45 million, not including livestock and other personal property.

“The N Bar Ranch is a piece of Montana history complete with a profitable livestock operation and an outstanding wildlife component,” said Hall and Hall broker Joel Leadbetter. Ranging in elevation from 4,200 to 5,500 feet above sea level, the ranch is time-tested cattle country and is further blessed by abundant wildlife, including trophy elk, mule deer and whitetail, antelope, Hungarian pheasant, and sharptail and mountain grouse. Brown trout thrive in the 60 miles of Flatwillow Creek that wind through the property down from the Snow Mountains. ”We are thrilled to be representing such a phenomenal land holding,” Leadbetter adds.

Located approximately 90 miles north of Billings and 35 miles southeast of Lewiston, the N Bar is 62,091 total acres, including 51,409 deeded, 4,875 BLM leased, 1,920 Montana leased, and 3,887 privately leased.

Read more about the listing in Friday’s Wall Street Journal or visit the ranch’s website.

Ask the Expert: Scott Jones

The second session of the 111th Congress is already under way, and landowners have a lot at stake. With that in mind, The Land Report turns to Scott Jones to get the inside scoop on Washington’s next steps. Since 2003, Jones has been the CEO of the Forest Landowners Association (FLA), whose members own and operate some 40 million acres of forestland in 48 states. Founded in 1941, FLA offers education, information, and national grassroots advocacy with the goal of sustaining forestlands from one generation to the next.

With so many bold initiatives taken on by the Obama administration, what are the chances of a climate bill passing this year? Would it benefit forest landowners?

American voters believe that a climate/cap-and-trade bill may cost jobs; as a result, I would not be surprised to see the climate portion of the energy bill removed. If crafted properly, an energy bill could benefit private forest landowners by creating new markets for wood. However, the definition of “woody biomass” still needs to be fixed for landowners to truly benefit from the stripped down version of the bill.

The federal estate tax dropped to zero this year. Do you expect it to return to 55 percent with a $1 million exemption as scheduled in 2011?

There do not appear to be enough votes to bring the death tax back to life in 2010. Sen. Scott Brown’s (R-MA) recent election created a political barrier to retroactive death tax reinstatement. Unless legislative action is taken, the tax is scheduled to permanently return at a rate as high as 55 percent in 2011. But this is an election year, so anything is possible. Polls indicate 65 to 70 percent of Americans want the tax repealed.

Name one other issue landowners should follow closely.

The Clean Water Restoration Act is definitely legislation every landowner should keep an eye on. It seeks to expand the jurisdiction of the Clean Water Act by redefining “navigable waters” as “waters of the United States.” The consequences of this bill are enormous, and it has already created a firestorm in the Senate. Strong opposition convinced Rep. James Oberstar (D-MN) to delay introducing the bill on the House side. Oberstar now intends to move the bill through the House by the end of 2010.

Historic Dahlstrom Ranch Conservation Easement Finalized

A conservation easement of historic proportions was purchased in the heart of the Texas Hill Country only a short drive from the Capitol of Texas. Hays County, the City of Austin, and the Hill Country Conservancy (HCC), with funding from the federal Natural Resources Conservation Service (NRCS), came together to purchase a conservation easement on the historic Dahlstrom Ranch, a 2,254-acre privately-owned holding located outside of Buda. This rare collaboration between a private landowner, county, federal agency, and city took shape in 2007 and will be the first private land preservation agreement of its kind. The privately-owned ranch will have the unique distinction of providing a 384-acre area for public education and nature programs proposed by a public access committee led by the National Parks Service and managed by Hays County.

“Through this conservation easement, Gay Dahlstrom, in partnership with Hays County, as guided by Precinct 2 Commissioner Jeff Barton, NRCS, HCC, the City of Austin and many others, has ensured that a majestic piece of the Texas Hill Country will not only survive, but allow our native wildlife and natural resources to thrive,” said David Braun of Braun & Associates, attorneys for Gay Dahlstrom. “Gay is an exceedingly modest and private person, but today she and her family have set a proud and important example for all conservation-minded Texas landowners.” The family’s history on the property dates back five generations. The Dahlstrom Ranch on Onion Creek has played an impressive role in Hays County’s heritage. The property also plays a key role in the area’s overal well-being thanks to its abundant aquifer recharge. The historic ranch features an impressive system of caves and sinkholes that directly convey clean water to the aquifer. Also, following a reduction in livestock grazing in 2005, the ranch’s wildlife habitat and native grasses have staged a welcome comeback.

In recent years, the Dahlstroms, like many other Texas families, were faced with the decision on whether to begin selling off their land to developers in order to pay estate taxes. Gay Dahlstrom chose to preserve the family’s heritage and legacy, retaining Braun & Associates to guide her through the process of obtaining a conservation easement that enabled her family to keep the ranch intact. This contract between property owner and conservation organization, while providing critical tax incentives, also allows the owner to protect the water resources, wildlife habitat, natural character, and other conservation values of the land. A conservation easement restricts the amount and type of development allowed on the property, and conveys the right to enforce these restrictions in perpetuity, while preserving the right to traditional agricultural uses and limited residential use.

“This partnership provides multiple benefits, keeping this land intact for the family’s ongoing use and enjoyment while preserving the unique caves and other karst features of the ranch and furthering enhancement of its ecology and wildlife”, said Frank Davis, Director of Land Stewardship at HCC.

“I am very pleased we are able to partner with Hays County and Hill Country Conservancy on this important project,” said City of Austin Mayor Lee Leffingwell, a longtime supporter of the use of voter-approved bonds designated for the acquisition of open space.  “As our region continues to grow, it is important that we lead in the effort to protect our natural resources, and acquisitions like this one ensure we are doing our part to protect and enhance our environment, particularly our water quality, and the heritage of the Aquifer region and Texas Hill Country.”

Gay Dahlstrom’s son, Jack Dahlstrom Jr., has plans for ecotourism and nature and wildlife-related art exhibits on the property, with the ultimate goal to further the community’s understanding of, and respect for, the area’s heritage and environment. The Dahlstrom family has a long-term plan for continuing to restore the land and its native wildlife. “At the end of the day, my mother did this because she loves this land and appreciates all that it has given us,” said Jack Dahlstrom Jr. “Now, it’s our family’s turn to give back to the land, and we appreciate the efforts of everyone who worked so hard to help us make that happen.”

America’s Largest Landowner Announces Renewable Energy Venture

Ted Turner has announced a strategic alliance with Atlanta-based Southern Company to pursue development of renewable energy projects in the Southwestern United States, including his New Mexico land holdings. Turner is the state’s largest landowner.

“I’ve always been passionate about developing renewable energy, and I’m excited to join forces with Southern Company to explore our renewable energy potential,” said Turner, who will pursue the venture through Turner Renewable Energy.

“Southern Company’s experience in power project development, construction and operations, and customer relations help make this a strong alliance, and I look forward to working together,” he added.

Turner Renewable Energy and Southern Company will focus on developing and investing in large scale solar photovoltaic projects in the Desert Southwest with the goal of further commercializing the technology and making it more cost competitive.

“This alliance unites our common goal to explore and develop new renewable energy projects,” said Southern Company CEO David Ratcliffe. “We have said for some time that renewable energy should play an increasing role in this country’s energy mix and that Southern Company would seek opportunities to expand our renewable portfolio where it makes sense. This is evidence of that commitment.”

Ten Million Americans Own Timberland

Which asset class offers growth, a hedge against inflation, and has great tax benefits? Timber.

That’s one of the many interesting points brought out by this in-depth article that ran in Forbes last month. One of the other interesting elements the story touches on is that of the 500 million acres of timberland that exists in the U.S., government entities own 27 percent; wood and paper companies own 17 percent; and institutional investors such as funds and endowments own 4 percent.

The remaining 54 percent? It belongs to private citizens, and that number is up from 45 percent two decades ago.

Read more HERE.

Land Report 100: No. 62 Clayton Williams Jr.

OF THE COUNTRY’S 100 LARGEST LANDOWNERS, FEW ARE AS COLORFUL AS CLAYTIE.

A passionate approach to land stewardship is but one of Clayton Williams’s claims to fame. The diehard Texas Aggie is a born entrepreneur whose many pursuits have ranged from insurance salesman to banker, farmer, rancher, real estate developer, big-game hunter, philanthropist, conservationist, and, at one pivotal point in his career, front-running gubernatorial candidate. And like any self-made man, he can ride out tough times with the best of them—even down to his last bullet.

Williams’s trailblazing traits date to his colorful forebears, who mixed it up with the likes of Kit Carson, Billy the Kid, and Geronimo. The native Texan was born in Alpine in 1931 and raised in Fort Stockton. After attending Texas A&M and fulfilling his military obligations, he cut his teeth selling life insurance in Mineral Wells. But fate called him back to West Texas, where in a Fort Stockton coffee shop he learned about a farm for sale. He struck a deal with its owner to form an oil and gas partnership, and the cornerstone of his career was set. From that small start, his financial empire eventually grew to include a host of companies, from cow-calf operations to a safari company to several entities bearing the ClayDesta moniker, a nod to himself and wife Modesta.

It was in Modesta that the wildcatter found a soul mate who shared his love of the land and sense of adventure. In his book Claytie: The Roller-Coaster Life of a Texas Wildcatter, Mike Cochran describes Williams’s run as “an exciting mix of hard work and great fun, building pipelines and drilling wells one day and branding calves and working cows the next—all embellished with a spectacular marriage. Claytie and Modesta really are bigger than life.”

After an unsuccessful run for governor of Texas in 1990, Claytie turned his considerable energies on going public with Clayton Williams Energy Inc. (CWEI). With an estimated net worth of $100 million, his name was added to the Forbes Four Hundred. Today, he is a fixture on the Land Report 100 and ranked No. 62 in 2009 with 146,655 acres. During the past decade, CWEI has drilled 167 horizontal wells, mostly in the Austin Chalk formation as well as the Cotton Valley Reef in Texas, in Louisiana, in Mississippi, and in New Mexico.

“Claytie is, by all measures, one of a kind,” says Cochran. “He’s an absolutely wonderful character. With his ranch he’s been really innovative and was recognized nationally for some of the innovations to trap water and to get the best use of the land.”

Ask the Expert: Improving Access

Winter provides the perfect opportunity to evaluate access, one of the most practical yet overlooked aspects of sound property management, according to Bill Benton and Robert Chandler, founders of Evolved Outdoors. Their company advises land-intensive recreational businesses such as Bill Dance Signature Lakes and Deer Creek Lodge on how to maximize stewardship, quality of experience, value acceleration, and return on investment.

What’s a good approach for landowners looking to maximize a property’s value?
Too often, land management is split into two distinct camps. On the one hand you’ll have the biology and wildlife camp, which can be all about stewardship. Then there’s the financial camp, which is driven by the real estate market and sales value. A competent landowner needs to adopt an overall philosophy that combines the two to maximum effect.

Give us an example.
Consider access. Most landowners are guilty of simply using whatever roads are on the property they purchased. They do little to no analysis on how the roads run, and why they run the way they do.

What’s wrong with that?
There’s an emotional element to access that translates to value. When you pull onto a property, you want the “Wow!” factor, one that adds to the financial and aesthetic value of your land.

So how do you balance these two approaches?
From a stewardship perspective, roads should allow for wildlife sanctuaries, corridors, and viewing areas. Although you want convenient access to hunting, you also need to maintain contiguous blocks of excellent habitat. Poorly planned roads can degrade habitat, cause erosion, and create the potential for unwanted disturbance.

Why is this time of year a good time to consider access?
Winter allows you the opportunity to view your property without leaf obstruction. You can see the lay of the land in ways you can’t during the growing season. This is the best time to consider ways that access improvements can enhance both the ecological and financial value of your property. You may want to lay out roads to improve the visibility of lakes and ponds or consider separate routes for regular property maintenance and hunting. Access should be controlled to minimize excess or public traffic and to maximize a sense of exclusivity.

What about stewardship? What role does that play?
Always consider natural drainage by working with Mother Nature to minimize erosion. Remember, stewardship equals value, and well-designed access is an important part of that equation.

Library: Working Dogs of Texas

Both the author and the photographer are valued contributors to The Land Report, and there’s no doubt in my mind that landowners from coast to coast will be able to identify with this book. So let’s begin by getting two misconceptions about this book off the table.

First off, Working Dogs is not a tribute to hunting dogs. Yes, there are great chapters on curs and feists, pointers, retrievers, and the fearless breeds that track wild hogs. The authors even tail a pack of hounds that are bona fide man-hunters à la Paul Newman in Cool Hand Luke. But at its core, Working Dogs is about the countless ways man’s best friend has been bred and trained to serve different masters, which is why this book is such a compelling volume.

“The one thing these dogs all have in common is that each has a job to perform,” Wyman Meinzer says. “It might be highly specialized task that requires enormous amounts of training like search and rescue or detector dogs. It could be a more traditional one such as herding cattle or guarding against predators. It could even be as important as providing friendship to an elderly person.” To that end the final chapter is titled “The Caretakers.”

The second element that needs to be dismissed is that Working Dogs of Texas suffers from geographic limitations because of its focus on the Lone Star State. On the water, in the woods, on ranches and farms, and at border checkpoint and international airports – Chappell and Meinzer covered an enormous amount of terrain researching this compelling project.

Available online at Amazon.com

Ask the Expert: Greg Fay

As 2010 approaches, landowners coast to coast are eager to get a bead on pricing and trends for recreational properties. Here’s a heads up from an industry icon, Greg Fay, who founded Fay Ranches in Bozeman, Montana in 1992. Fay and his partners have built a reputation for themselves that is recognized not only nationwide but internationally as well. In addition to brokering some of the best-known properties across the American West, their ranch management company, Fay Management, has advised landowners for over a decade, maximizing their clients’ investments by creating and restoring habitat, agricultural resources, and structural improvements.

When it comes to big ranches, has there been a major adjustment in prices similar to what we’ve seen in the residential and commercial sectors?

The speculative sector of the market has evaporated. Investors who planned to do “shared ranch” developments now need to get out from under those investments. For the ranches we focus on, those with high recreational and aesthetic attributes, there has been some adjustment but nothing close to what we’ve seen in the residential market and commercial sectors. There are specific examples right now of owners who need to sell, and we can direct buyers to those opportunities. But as a whole the ranch market has not shown the urgency that has afflicted the residential and commercial sectors.

Let’s go back to a point you just made. Why do great recreational ranches hold their value so well?

It’s a supply and demand situation. There is a finite amount of ranches to begin with and even fewer ranches that have the highest quality recreational amenities, such as great trout fishing, beautiful scenery, great bird hunting, or big game hunting. The rampant development we’ve seen over the past five years in the residential market simply will never happen with this product. As a matter of fact there are fewer and fewer ranches every year. The other reason is the ranches are generally held by strong hands, either modern buyers who are financially secure or multi-generational owners.

So you disagree with the statement that markets have seen a 15 to 25 percent adjustment downward?
Not completely. As I mentioned, there are specific examples of great opportunities within the ranch market, but there just hasn’t been enough data to substantiate a market-wide diminution in value. Even in a great year, very few ranches change hands relative to the residential market. This is even more pronounced in 2009. So I just don’t think there is enough data to point to a specific percentage of adjustment. I will say, however, that some buyers are getting some darn good deals right now in those instances in which the owners need to sell.

Have things slowed down for you and your brokerage?

2009 has been tough. Thank goodness for the relationships we’ve built over the years because those relationships have helped tremendously in this market. The first two quarters of the year were particularly challenging, but this fall we’ve seen a flurry of activity and have closed some large transactions. The tone of the conversations we’re having with our clients is much more positive. We are seeing an increase in active buyers looking for value, and we’re happy to help them find it.

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