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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7236
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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Is it legal Fish and Wildlife Service to change the

Customer Question

Is it legal for the Fish and Wildlife Service to change the grassland easement manual after the easement document has been signed? I signed the easement with the understanding that I could use 5% of the land for things like a building site and wildlife foodplots. Fifteen years later I was told by a Fish and Wildlife official I couldn't even put a lawn shed in the back yard unless it was connected to the house or garage. Several years before I had a different official eliminate two foodplots to add several acres to the building site to add an outbuilding for a livestock handling facility and nothing was said about the rule change at that time. I was also told that my food plots must be permenant cover which severely limits what I can plant to the clover family which I would never choose. Had these rules been in place when I signed the a
document I wouldn't have signed. I now consider it the biggest mistake of my life.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 years ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

If the proper procedures are followed to change/amend rules new rules can be put into place. That being said the document you agreed to should be honored as the agreement was made prior to any rule changes.

Expert:  Attyadvisor replied 2 years ago.

"A grassland easement is a legal agreement signed with the United States of America, through the U.S. Fish and Wildlife Service" http://gfp.sd.gov/pheasantsummit/docs/FWS%20Habitat%20Programs%20Summary.pdf

The agreement you signed is a contract that needs to be honored. You basically be grandfathered in so any changes to rules would not impact you.


http://legis.sd.gov/docs/referencematerials/IssueMemos/Im04-04.pdf