Unraveling Western Land Ownership: Federal-Private Split Estates in Focus at Reno Conference

The 3rd Annual Western Water, Agricultural, and Environmental Law Conference is set to tackle a critical and often misunderstood aspect of land ownership in the Western U.S. The event, scheduled for June 19-20 in Reno, Nevada, will offer both in-person attendance and a livestream option, making it accessible to a wide audience. This year’s conference will delve into the complexities of federal-private split estates, a topic that has significant implications for landowners, agricultural operators, and the broader public.

One of the key sessions, led by Katy DeVries Riker, an associate at Holland & Hart LLP, will focus on the Stock-Raising Homestead Act of 1916 (SRHA). This historic act has shaped the landscape of land ownership in the Western U.S. by privatizing millions of acres of public lands while reserving the mineral rights beneath the surface for the federal government. This division of ownership, known as a federal-private split estate, creates a unique set of challenges and considerations for landowners.

Riker’s session, titled “Federal-Private Split Estate: Considerations for Living and Operating on Stock-Raising Homestead Act Lands,” will explore the ongoing impact of the SRHA. The act allowed homesteaders to own and occupy the land’s surface, but the mineral estate below remained with the U.S. government. This division has led to complex relationships between surface owners, entities seeking to develop minerals, and the Bureau of Land Management (BLM), which manages federally owned minerals.

The implications of these split estates are far-reaching. For landowners, understanding the rights and responsibilities associated with surface ownership versus mineral ownership is crucial. Agricultural operations, in particular, must navigate these complexities to ensure compliance with federal regulations and to avoid potential disputes. The BLM plays a pivotal role in managing these resources, and its policies and practices can significantly affect landowners and operators.

The conference, co-hosted by the National Agricultural Law Center (NALC) and the National Association of State Departments of Agriculture Foundation (NASDA Foundation), aims to provide a comprehensive overview of these issues. By bringing together experts and stakeholders, the event offers a platform for discussing current challenges, sharing best practices, and exploring potential solutions.

For those unable to attend in person, the livestream option ensures that the conference’s valuable insights and discussions are accessible to a broader audience. This inclusivity is particularly important given the widespread impact of federal-private split estates across the Western U.S. Whether you are a landowner, an agricultural operator, or simply interested in the intricacies of land ownership, this conference promises to be an enlightening and informative event.

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