The state won't be buying a 5,225-acre ranch in southwest North Dakota that some fear could wind up in federal ownership.

The proposal to buy the Eberts ranch was easily defeated in the House by a vote of 70-21 Friday.

Opponents of the purchase said the $3.5 million price was too much and that the state should not be in the business of buying land.

"This is a ripoff, folks," said Rep. Dorvan Solberg, D-Ray.

Senate Bill 2145, which provided four options on how the state could buy the land, was originally expected to be one of the first bills approved by the Legislature.

Gov. John Hoeven had proposed using a combination of state and federal funds to buy the property for public use. The state Emergency Commission considered the purchase, but decided to wait for approval from the Legislature.

Lance Gaebe, a policy adviser to Hoeven, said he was disappointed that the bill was defeated.

Gaebe said the chances for the purchase were hurt by the fact that the bill included four options that the state could choose from to negotiate the purchase and that there was something in each option that someone didn't like.

The state considered buying the land because of concerns that the federal government would eventually buy it and restrict its use.

Rep. Al Carlson, R-Fargo, said some legislators have researched the issue and found that the federal government is not offering to buy the land.

"We have found absolutely no evidence of an offer from the federal government to buy this piece of land," Carlson said.

Although the purchase of the land from the federal government is in doubt, there is a possibility that the federal government could purchase a conservation easement, which would prohibit cultivation and the building of permanent structures, but it would not prevent grazing, hunting or energy development.

The federal government was considering a permanent easement worth $2.1 million, but the House Appropriations Committee learned Thursday that the easement was scaled back to a 30-year period for about $630,000.

Gaebe said the easement was changed to 30 years because government officials decided to follow North Dakota law against perpetual easements.

Rep. Elliot Glassheim, D-Grand Forks, said the state should buy the land to take advantage of a once-in-a-lifetime opportunity.

The land has some historical value because it is located in the Badlands near where Theodore Roosevelt once had a cabin.

Glassheim said the land would be another tourist attraction that would provide economic opportunities.

The Tribune could not immediately reach the Eberts family on Friday.

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@bismarcktribune.com.)