Do Forestry Plans Transfer With Title?

[SD51555]

I broke out in a cold sweat all of a sudden. When a guy buys a piece of property that is enrolled in a forestry management program like the ones in MN in exchange for cash or reduced taxes, does that go with to the new owner?

I think I'd end up in prison if someone showed up to take the rest of our red oak or anything else off our property.

 

[Jim Timber]

It doesn't, but if the land gets re-enrolled then you'd be good to go. Otherwise, you're only on the hook for the benefits paid going back 4 years. In my case, that's under $2500. So breaking the covenant sounds all scary, but in reality, if it came to a point where I needed to liquidate over $100K in land, 1.4% back to the state isn't much of a concern.

Where things get interesting would be if you decided to reduce the enrolled acreage, but not remove the entire parcel out of the plan. Do you have to opt out for the 3 years before getting back in under a new contract, or can you amend it at the 8 year mark (SFIA) to be a different amount assuming you gave the proper 4 year notice?

I withheld 2 extra acres from the program to ensure I had sufficient ground to play with that wasn't under the "no development/buildings" stipulations.

 

[Satchmo]

I broke out in a cold sweat all of a sudden. When a guy buys a piece of property that is enrolled in a forestry management program like the ones in MN in exchange for cash or reduced taxes, does that go with to the new owner?

I think I'd end up in prison if someone showed up to take the rest of our red oak or anything else off our property.

SD,
I can only speak to SFIA. If you buy a piece of property that is in the program, you must abide by the covenent that was filed with the county in order for that property to be eligible for the program. The SFIA enrollment is for a minimum of 8 years for the property. You must give 4 years notice to take it out of the program. All the covenent does, is restrict you from developing that property (except for excluded acres) for the length of the SFIA enrollment. When you buy an enrolled property, you will want to notify the State of MN so the annual payments would be transfered to your name.

As far as the forestry plan and someone showing up and taking your trees, IT AINT GONNA HAPPEN. The forestry plan is written by the land owner with their forester. Mine was written with a primary goal of "wildlife habitat" which gives me the freedom to do whatever I think is good for my critters, and I can change the plan if I wish. You could modify a plan to state "native rasberry production" as your primary goal if you wanted to.

When buying an enrolled SFIA property, you would have to live by the non development covenent for the 4 years it takes to unenroll it (or pay the penalty), but the filed forestry plan is a seperate deal that is flexible and controlled by the landowner.

 

[bowhunternw]

At least for the sfia,, satchmo is correct that it is just a covenant that is recorded at the courthouse. It goes with the land not with the person, the forestry plan is just a that a plan on what is recommended for forest health.