AG says restrictions on property sales not illegal

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The state can legally bar landowners from selling the right to hunt on their property without selling the land along with it, Attorney General Wayne Stenehjem says.

State Rep. Rod Froelich, D-Selfridge, had asked Stenehjem whether the ban violates the North Dakota Constitution's prohibition against taking private property for public use without paying its owner.

The ban expires next June, but the Legislature's interim Natural Resources Committee, which has been studying the issue, recommends making it permanent. Researchers say no other state has such a provision.

The ban has been supported by those who worry that opponents of hunting could buy up hunting rights and make land for harder for hunters to find.

Opponents say the state should not be telling landowners what to do.

In his legal opinion Tuesday, Stenehjem said the ban does not prevent landowners from making a living off their land, and said he believes it would survive a court challenge.

Associated Press

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