Dear Sir,
"The bottom line is that our members want to
move from independent price takers to organized price
makers. They are telling us they are ready for a
change," says TCFA Chairman Jim Schwertner.
It appears that cattle feeders in Texas are now
willing to work together to improve fed cattle marketing.
Cattle prices are too low when considering what the
consumer pays for beef. If successful, the TCFA may
overcome the obvious disadvantages of a disorganized
seller, the feeder, dealing with an organized buyer, the
big packers. This is very good news for cattle producers.
Restoring competition will mean higher prices at the
feedyard, and in turn, higher prices at the ranch.
Hopefully TCFA will be supported by not only by Texas
cattle feeders, but other states as well.
Good work, TCFA.
Mike Callicrate
Saint Francis, Kan.
Dear Sir,
As a rancher and lawyer who has been active in
private property rights and conservation for the past 15
years, I read with interest the Sept. 2 article on
conservation easements. I am afraid that my friends at
the Trans-Pecos Heritage Association have overstated the
case against
conservation easements and understated the advantages.
Most western ranchers are caught in the vice of
escalating land values and operating expenses on one side
and declining profit margins on the other. The result is
hang on by your fingernails or sell out. For my part, I
would prefer an
alternative where I can release the development value
of my land without developing it and while assuring that
it remains in ranching and wildlife.
The development value of our land is stranded capital,
and if you don't want to see it turned into ranchettes
but you need the money to buy out family members or to
provide alternate income, what is a ranching family to
do? The answer may be in the sale of development rights
rather than
donation. I agree with the article that donation of
conservation easements to avoid confiscatory death cases
is a bad alternative to complete repeal of the tax. But
even if we can accomplish that, we are still stuck with
"stranded capital". The purchase of development
rights has been used by cattleman's groups in California
and Colorado, and farmers across the country, to free the
development value and seperate it from the ag value.
Why is the sale of development rights to a friendly
non-profit, such as a cattleman's trust or private
wildlife trust, somehow more an alienation of your
property rights than the granting of an oil and gas lease
to an oil
conpany owned and operated by people you don't know?
An oil and gas lease is not a lease in the traditional
sense, but the transfer of a fee simple determinable in
the oil and gas under a rancher's land ,subject only to
the life of the production and the payment of royalties.
Furthermore, an oil and gas lease grants the lessee a
possessory right to your land, for the purpose of
operations, and a conservation easement or sale of
development rights may be drafted without any possessory
right. The sale of development rights or sale of
conservation easements can be an expansion of your
property rights rather than a restriction.
If my desire is to see my family ranch stay in cattle
and wildlife production, not be broken up, and still
provide for the future family members who are not
interested in the ranch, what can I do short of winning
the lottery? I would welcome the opportunity to sell
the right to develop our ranch to a friendly trust,
without right of assignment to a third party, in return
for the 30-40 percent of its present value represented by
its
"ranchette value," invest that money for the
future, and keep this a working ranch forever. My heirs
have the benefit of the development value now, rather
than later, and the investment income in the future.
So what's wrong with exercising your rights to the
fullest? I thought that's what we were for!
Joe Fitzsimons
San Pedro Ranch
Carrizo Springs, Texas
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