Don't go south on North Shore deal
The North Shore Ranch, a beautiful, 367-acre tract of open space along Flathead Lake that once was eyed for residential development, has been a thorn in the county’s side for many years.
After the commissioners rejected a proposed subdivision on the shoreline property in 2008, citing concerns over water quality and wildlife, the owners of North Shore Ranch sued the county. As a result, the county agreed to a settlement and paid Kleinhans Farms Estates $1 million. A key amendment in the settlement was the condition for the developers to either place a conservation easement on 150 acres or reimburse the county for the easement value, $600,000. The idea was to allow public access for walking, bird watching and enjoying the open space on this extraordinary piece of property.
The whole mess was an embarrassment for the county commissioners, but when it was done, the county had at least achieved part of its goal of maintaining the wild nature of the lakeshore by obtaining that easement. And the county’s residents were secure in their knowledge that this contractual agreement protected their interests. Either we get the easement we want, or we get $600,000 returned to us by the developers.
But now the developers want the easement removed, and they don’t want to pay the $600,000 they owe. Sounds like a great deal for the developers, but what about the rest of us?
The county has fulfilled all its obligations. They even extended the preliminary plat for North Shore Ranch for four years beyond the original term, but now the plat has expired and development plans are no longer in the works. The property owners want the county to unilaterally remove the easement, allowing the property to be sold without encumbrances, so they can “recoup at least a portion” of their investment.
Well, sorry, but developing the property was the hope of the owners, not the county. The risk fell on the developers, too.
If they don’t want to follow through with the conservation easement, they need to pay the $600,000 back to the county or find a buyer like the Flathead Land Trust who will maintain the easement and protect the lakeshore property in perpetuity.
After having to fork over $1 million to the property owners, the county should stand firm and require the North Shore Ranch owners to abide by terms of the lawsuit settlement.