Historic Dahlstrom Ranch Conservation Easement Finalized

A conservation easement of historic proportions was purchased in the heart of the Texas Hill Country only a short drive from the Capitol of Texas. Hays County, the City of Austin, and the Hill Country Conservancy (HCC), with funding from the federal Natural Resources Conservation Service (NRCS), came together to purchase a conservation easement on the historic Dahlstrom Ranch, a 2,254-acre privately-owned holding located outside of Buda. This rare collaboration between a private landowner, county, federal agency, and city took shape in 2007 and will be the first private land preservation agreement of its kind. The privately-owned ranch will have the unique distinction of providing a 384-acre area for public education and nature programs proposed by a public access committee led by the National Parks Service and managed by Hays County.

“Through this conservation easement, Gay Dahlstrom, in partnership with Hays County, as guided by Precinct 2 Commissioner Jeff Barton, NRCS, HCC, the City of Austin and many others, has ensured that a majestic piece of the Texas Hill Country will not only survive, but allow our native wildlife and natural resources to thrive,” said David Braun of Braun & Associates, attorneys for Gay Dahlstrom. “Gay is an exceedingly modest and private person, but today she and her family have set a proud and important example for all conservation-minded Texas landowners.” The family’s history on the property dates back five generations. The Dahlstrom Ranch on Onion Creek has played an impressive role in Hays County’s heritage. The property also plays a key role in the area’s overal well-being thanks to its abundant aquifer recharge. The historic ranch features an impressive system of caves and sinkholes that directly convey clean water to the aquifer. Also, following a reduction in livestock grazing in 2005, the ranch’s wildlife habitat and native grasses have staged a welcome comeback.

In recent years, the Dahlstroms, like many other Texas families, were faced with the decision on whether to begin selling off their land to developers in order to pay estate taxes. Gay Dahlstrom chose to preserve the family’s heritage and legacy, retaining Braun & Associates to guide her through the process of obtaining a conservation easement that enabled her family to keep the ranch intact. This contract between property owner and conservation organization, while providing critical tax incentives, also allows the owner to protect the water resources, wildlife habitat, natural character, and other conservation values of the land. A conservation easement restricts the amount and type of development allowed on the property, and conveys the right to enforce these restrictions in perpetuity, while preserving the right to traditional agricultural uses and limited residential use.

“This partnership provides multiple benefits, keeping this land intact for the family’s ongoing use and enjoyment while preserving the unique caves and other karst features of the ranch and furthering enhancement of its ecology and wildlife”, said Frank Davis, Director of Land Stewardship at HCC.

“I am very pleased we are able to partner with Hays County and Hill Country Conservancy on this important project,” said City of Austin Mayor Lee Leffingwell, a longtime supporter of the use of voter-approved bonds designated for the acquisition of open space.  “As our region continues to grow, it is important that we lead in the effort to protect our natural resources, and acquisitions like this one ensure we are doing our part to protect and enhance our environment, particularly our water quality, and the heritage of the Aquifer region and Texas Hill Country.”

Gay Dahlstrom’s son, Jack Dahlstrom Jr., has plans for ecotourism and nature and wildlife-related art exhibits on the property, with the ultimate goal to further the community’s understanding of, and respect for, the area’s heritage and environment. The Dahlstrom family has a long-term plan for continuing to restore the land and its native wildlife.
“At the end of the day, my mother did this because she loves this land and appreciates all that it has given us,” said Jack Dahlstrom Jr. “Now, it’s our family’s turn to give back to the land, and we appreciate the efforts of everyone who worked so hard to help us make that happen.”

America’s Largest Landowner Announces Renewable Energy Venture

Ted Turner has announced a strategic alliance with Atlanta-based Southern Company to pursue development of renewable energy projects in the Southwestern United States, including his New Mexico land holdings. Turner is the state’s largest landowner.

“I’ve always been passionate about developing renewable energy, and I’m excited to join forces with Southern Company to explore our renewable energy potential,” said Turner, who will pursue the venture through Turner Renewable Energy.

“Southern Company’s experience in power project development, construction and operations, and customer relations help make this a strong alliance, and I look forward to working together,” he added.

Turner Renewable Energy and Southern Company will focus on developing and investing in large scale solar photovoltaic projects in the Desert Southwest with the goal of further commercializing the technology and making it more cost competitive.

“This alliance unites our common goal to explore and develop new renewable energy projects,” said Southern Company CEO David Ratcliffe. “We have said for some time that renewable energy should play an increasing role in this country’s energy mix and that Southern Company would seek opportunities to expand our renewable portfolio where it makes sense. This is evidence of that commitment.”

Ten Million Americans Own Timberland

Which asset class offers growth, a hedge against inflation, and has great tax benefits? Timber.

That’s one of the many interesting points brought out by this in-depth article that ran in Forbes last month. One of the other interesting elements the story touches on is that of the 500 million acres of timberland that exists in the U.S., government entities own 27 percent; wood and paper companies own 17 percent; and institutional investors such as funds and endowments own 4 percent.

The remaining 54 percent? It belongs to private citizens, and that number is up from 45 percent two decades ago.

Read more HERE.

Land Report 100: No. 62 Clayton Williams Jr.

OF THE COUNTRY’S 100 LARGEST LANDOWNERS, FEW ARE AS COLORFUL AS CLAYTIE.

A passionate approach to land stewardship is but one of Clayton Williams’s claims to fame. The diehard Texas Aggie is a born entrepreneur whose many pursuits have ranged from insurance salesman to banker, farmer, rancher, real estate developer, big-game hunter, philanthropist, conservationist, and, at one pivotal point in his career, front-running gubernatorial candidate. And like any self-made man, he can ride out tough times with the best of them—even down to his last bullet.

Williams’s trailblazing traits date to his colorful forebears, who mixed it up with the likes of Kit Carson, Billy the Kid, and Geronimo. The native Texan was born in Alpine in 1931 and raised in Fort Stockton. After attending Texas A&M and fulfilling his military obligations, he cut his teeth selling life insurance in Mineral Wells. But fate called him back to West Texas, where in a Fort Stockton coffee shop he learned about a farm for sale. He struck a deal with its owner to form an oil and gas partnership, and the cornerstone of his career was set. From that small start, his financial empire eventually grew to include a host of companies, from cow-calf operations to a safari company to several entities bearing the ClayDesta moniker, a nod to himself and wife Modesta.

It was in Modesta that the wildcatter found a soul mate who shared his love of the land and sense of adventure. In his book Claytie: The Roller-Coaster Life of a Texas Wildcatter, Mike Cochran describes Williams’s run as “an exciting mix of hard work and great fun, building pipelines and drilling wells one day and branding calves and working cows the next—all embellished with a spectacular marriage. Claytie and Modesta really are bigger than life.”

After an unsuccessful run for governor of Texas in 1990, Claytie turned his considerable energies on going public with Clayton Williams Energy Inc. (CWEI). With an estimated net worth of $100 million, his name was added to the Forbes Four Hundred. Today, he is a fixture on the Land Report 100 and ranked No. 62 in 2009 with 146,655 acres. During the past decade, CWEI has drilled 167 horizontal wells, mostly in the Austin Chalk formation as well as the Cotton Valley Reef in Texas, in Louisiana, in Mississippi, and in New Mexico.

“Claytie is, by all measures, one of a kind,” says Cochran. “He’s an absolutely wonderful character. With his ranch he’s been really innovative and was recognized nationally for some of the innovations to trap water and to get the best use of the land.”

Ask the Expert: Improving Access

Winter provides the perfect opportunity to evaluate access, one of the most practical yet overlooked aspects of sound property management, according to Bill Benton and Robert Chandler, founders of Evolved Outdoors. Their company advises land-intensive recreational businesses such as Bill Dance Signature Lakes and Deer Creek Lodge on how to maximize stewardship, quality of experience, value acceleration, and return on investment.

What’s a good approach for landowners looking to maximize a property’s value?
Too often, land management is split into two distinct camps. On the one hand you’ll have the biology and wildlife camp, which can be all about stewardship. Then there’s the financial camp, which is driven by the real estate market and sales value. A competent landowner needs to adopt an overall philosophy that combines the two to maximum effect.

Give us an example.
Consider access. Most landowners are guilty of simply using whatever roads are on the property they purchased. They do little to no analysis on how the roads run, and why they run the way they do.

What’s wrong with that?
There’s an emotional element to access that translates to value. When you pull onto a property, you want the “Wow!” factor, one that adds to the financial and aesthetic value of your land.

So how do you balance these two approaches?
From a stewardship perspective, roads should allow for wildlife sanctuaries, corridors, and viewing areas. Although you want convenient access to hunting, you also need to maintain contiguous blocks of excellent habitat. Poorly planned roads can degrade habitat, cause erosion, and create the potential for unwanted disturbance.

Why is this time of year a good time to consider access?
Winter allows you the opportunity to view your property without leaf obstruction. You can see the lay of the land in ways you can’t during the growing season. This is the best time to consider ways that access improvements can enhance both the ecological and financial value of your property. You may want to lay out roads to improve the visibility of lakes and ponds or consider separate routes for regular property maintenance and hunting. Access should be controlled to minimize excess or public traffic and to maximize a sense of exclusivity.

What about stewardship? What role does that play?
Always consider natural drainage by working with Mother Nature to minimize erosion. Remember, stewardship equals value, and well-designed access is an important part of that equation.

Library: Working Dogs of Texas

Both the author and the photographer are valued contributors to The Land Report, and there’s no doubt in my mind that landowners from coast to coast will be able to identify with this book. So let’s begin by getting two misconceptions about this book off the table.

First off, Working Dogs is not a tribute to hunting dogs. Yes, there are great chapters on curs and feists, pointers, retrievers, and the fearless breeds that track wild hogs. The authors even tail a pack of hounds that are bona fide man-hunters à la Paul Newman in Cool Hand Luke. But at its core, Working Dogs is about the countless ways man’s best friend has been bred and trained to serve different masters, which is why this book is such a compelling volume.

“The one thing these dogs all have in common is that each has a job to perform,” Wyman Meinzer says. “It might be highly specialized task that requires enormous amounts of training like search and rescue or detector dogs. It could be a more traditional one such as herding cattle or guarding against predators. It could even be as important as providing friendship to an elderly person.” To that end the final chapter is titled “The Caretakers.”

The second element that needs to be dismissed is that Working Dogs of Texas suffers from geographic limitations because of its focus on the Lone Star State. On the water, in the woods, on ranches and farms, and at border checkpoint and international airports – Chappell and Meinzer covered an enormous amount of terrain researching this compelling project.

Available online at Amazon.com

Ask the Expert: Greg Fay

As 2010 approaches, landowners coast to coast are eager to get a bead on pricing and trends for recreational properties. Here’s a heads up from an industry icon, Greg Fay, who founded Fay Ranches in Bozeman, Montana in 1992. Fay and his partners have built a reputation for themselves that is recognized not only nationwide but internationally as well. In addition to brokering some of the best-known properties across the American West, their ranch management company, Fay Management, has advised landowners for over a decade, maximizing their clients’ investments by creating and restoring habitat, agricultural resources, and structural improvements.

When it comes to big ranches, has there been a major adjustment in prices similar to what we’ve seen in the residential and commercial sectors?

The speculative sector of the market has evaporated. Investors who planned to do “shared ranch” developments now need to get out from under those investments. For the ranches we focus on, those with high recreational and aesthetic attributes, there has been some adjustment but nothing close to what we’ve seen in the residential market and commercial sectors. There are specific examples right now of owners who need to sell, and we can direct buyers to those opportunities. But as a whole the ranch market has not shown the urgency that has afflicted the residential and commercial sectors.

Let’s go back to a point you just made. Why do great recreational ranches hold their value so well?

It’s a supply and demand situation. There is a finite amount of ranches to begin with and even fewer ranches that have the highest quality recreational amenities, such as great trout fishing, beautiful scenery, great bird hunting, or big game hunting. The rampant development we’ve seen over the past five years in the residential market simply will never happen with this product. As a matter of fact there are fewer and fewer ranches every year. The other reason is the ranches are generally held by strong hands, either modern buyers who are financially secure or multi-generational owners.

So you disagree with the statement that markets have seen a 15 to 25 percent adjustment downward?
Not completely. As I mentioned, there are specific examples of great opportunities within the ranch market, but there just hasn’t been enough data to substantiate a market-wide diminution in value. Even in a great year, very few ranches change hands relative to the residential market. This is even more pronounced in 2009. So I just don’t think there is enough data to point to a specific percentage of adjustment. I will say, however, that some buyers are getting some darn good deals right now in those instances in which the owners need to sell.

Have things slowed down for you and your brokerage?

2009 has been tough. Thank goodness for the relationships we’ve built over the years because those relationships have helped tremendously in this market. The first two quarters of the year were particularly challenging, but this fall we’ve seen a flurry of activity and have closed some large transactions. The tone of the conversations we’re having with our clients is much more positive. We are seeing an increase in active buyers looking for value, and we’re happy to help them find it.

Heath Shuler: Eye on the Prize

Growing up in the 1970s, Heath Shuler saw quail hunting disappear from the mountains of his native North Carolina. “It occurred to me early on that if I wanted to hunt quail, I might have to buy property with good habitat,” he says.

Nowadays, that’s no small feat, especially in the Southeast where bobwhite populations have been declining for the past half-century due to changing land use. But Heath Shuler has never been a man of modest goals.

BY HENRY CHAPPELL
PHOTOGRAPHY BY AMBER HUMPHRIES & GRETA REYNOLDS
PUBLISHED SUMMER 2009

After a record-setting career as quarterback at the University of Tennessee, a second-place finish in 1993 Heisman Trophy voting, and several years in the NFL, he founded Heath Shuler Realty and grew it into one of the largest independent real estate firms in the South. Naturally, he kept an eye out for the best hunting and fishing properties.

“I’ve always wanted to invest in and be involved with property with excellent wildlife habitat,” he says. “That’s very important to me.”

But it was his career as a football star that led him to his dream property. Several years ago, at the annual Quail Unlimited Celebrity Quail Hunt, Rocky Evans, the organization’s longtime president, told him about a prime quail plantation in South Georgia. In 2003, with the money from the sale of a Knoxville property, he bought a stake in Wynfield Plantation (www.wynfieldplantation.com) in the storied quail country near Albany.

One of only 24 Orvis Endorsed Wingshooting lodges, Wynfield was named the plantation Wingshooting Lodge of the Year in 2005. October through March, Wynfield welcomes quail hunters, their families, and hunting dogs to some of the South’s best quail hunting, sporting clays, dining, and accommodations.

Now imagine the scene: A classy brace of English setters, high on both ends, locked up tight on a covey of bobwhites amid the pines and knee-high sedge. A pair of hunters approach, one with a Labrador retriever at heel. They position themselves for clear shots, and the dog handler sends his Lab in for the flush. The birds whir out the grass, boring away toward the nearest escape cover, trying to put trees between themselves and the hunters. All the while, the setters remain steady. The guns thump four times; four birds fall.

Having stopped at the flush, the Lab marks two of the downed birds. On command, she fetches them both, sitting to deliver. With the “dead bird!” command, the setters snort up the other two birds and bring them to hand before being cast in search of another covey.

A passage from a Nash Buckingham story? Actually, similar scenes play out nearly every fall and winter day at Wynfield Plantation. Heath is serious about his dogs and shooting.

“I started out as a kid hunting squirrels on those steep ridges around home,” he says. “As soon as I got big enough, I graduated to what I consider to be the most challenging game bird in the world – the ruffed grouse. A dog that can handle grouse can handle anything.”

Later, when he wasn’t playing football or closing real estate deals, Heath worked his Labs at the highest levels of amateur field trail competition and field testing. Several of his dogs achieved Master Hunter level in the American Kennel Club testing program.

In 2006, Heath’s schedule went from full to packed when he defeated an eight-term incumbent Republican to win a seat in the U.S. House of Representatives. He was reelected by a landslide in 2008. He’s a member of the Blue Dog Coalition, a caucus of moderate and conservative House Democrats. His district covers most of his home region in the mountains of Western North Carolina. As Chairman of the House Subcommittee on Rural Development, Entrepreneurship, and Trade, he sponsored and shepherded into law the Small Energy Efficient Business Act, which stimulates growth in alternative energy markets by increasing investment in small producers. True to his conservationist sensibilities, he sponsored legislation aimed at developing biomass and carbon trading markets for private forest owners, and he continues to work closely with the Environmental Protection Agency on the assessment and cleanup of a large, contaminated former electronics manufacturing site that threatens water supplies in his home district. He takes stewardship and roots very seriously.

In 2007, realizing that he simply didn’t have time to be involved in the plantation’s day-to-day business, Heath hired his longtime friend Mike Osteen, a veteran professional dog trainer, as general manager and head trainer.

At Wynfield Plantation, Mike and two other trainers work a kennel of English pointers, English Setters, German shorthaired pointers, English cocker spaniels, springer spaniels, Brittanies, and Labrador retrievers. The staff also takes on a limited number of outside dogs for training. Most years, the Wynfield kennel produces several litters of puppies out of championship bloodlines. A few of these pups are chosen to replenish the kennel. The rest are offered for sale. Mike considers, Labs, English setters, and English cockers kennel specialties. Wynfield is a member of the Orvis-Endorsed Breeding and Training program.

Wynfield shooting dogs learn their trade in some of the best quail habitat in the Deep South – nearly 1,900 acres of open longleaf pine uplands and classic Southern bottomland with Spanish moss-draped live oaks. The staff controls encroaching brush and stimulates growth of forbs and legumes through prescribed burning, which mimics the natural, cleansing fires that maintained the open, grassy longleaf ecosystem prior to settlement.

Heath and his guests do most of their hunting on foot, so Wynfield pointing dogs are bred and trained to hunt at medium range: 100 to 200 yards. However, Mike Osteen says that the dogs range as wide or as close as they need to. Mature dogs are steady to wing and shot, and spaniels and retrievers generally stay at heel until sent to flush or retrieve, although they’ll quarter within shotgun range when the situation calls for it.

“I love it when we have multiple birds down so that we can let the Labs and cockers practice blind retrieves,” Heath says. They’ll pick up the ones they mark, and then we’ll handle them to the others.

You read right. English cocker spaniels running blind retrieves: taking lines, sitting at the whistle, and responding to hand signals. Sure, you’d expect that from a decent Lab, but a cocker spaniel? Clearly we’re not talking about the typical neurotic, bug-eyed, coiffed American cocker or even the average working English cocker. This is high-end spaniel work.

But Wynfield welcomes all comers. “By all means, bring your own dogs,” Mike says. “Sure, we’ll provide guides and dogs, but real dog people want to hunt with their own dogs. If your dog has a few problems out in the field, we’ll make suggestions for fixing them, or, if you prefer, we’ll fix them for you. We customize the experience so that everyone feels comfortable.”

That same attitude extends to gunning as well. Wynfield gunsmiths and gun fitters custom build shotguns to individual specification or modify guests’ guns for better fit. Rental guns are also available for guests who chose not to bring a gun.

Heath’s wife, Nikol, though not a hunter, enjoys shooting sporting clays on the Wynfield course. He and his eight year-old son, Navy, hunt with Mike Osteen and his sons, eleven-year-old Grant and nine-year-old John. This past quail season, Navy shot his first quail on the rise. “He’d been watching the older boys and was waiting for his chance,” Heath says. His first bird, on the wing, over a good dog, is a huge deal. Now he’s hooked. He’s a hunter for life.”

Ultimately, Heath’s relationship with his land is about creating memories. “Nowadays, my kids get all excited about staying in ‘their cabin,’ or sleeping in ‘their bunk.’ My four year-old daughter, Island, fishes in the lake and gets to ride on the four wheeler.”

“For Heath, the dog training and hunting really serve as an escape from the pressures of Washington and the demands of his business, and gives him a chance to spend time with his family,” Mike says. “I’ve known Heath for a long time, and he’s more mesmerized by this place than by anything else he’s experienced.

Considering Heath Shuler’s experiences so far, that’s saying something.

Nebraska Governor to Address Wind Conference

Gov. Dave Heineman is slated as one of the keynote speakers next month at the Nebraska Wind Power 2009 Conference. Scheduled for Nov. 9-10 in Kearney, the conference will feature nationally known experts on wind and wind power and focus on numerous issues of vital interest to landowners seeking to capitalize on this opportunity to generate revenues from renewable energy.

According to the National Renewable Energy Laboratory, wind energy is one of the fastest-growing forms of electricity generation in the world. The United States can currently generate more than 25,000 megawatts (MW) of electricity from the wind, which is enough to power about 7 million average American homes. Industry experts predict that, with proper development, wind energy could provide 20 percent of U.S. energy needs.

For more information on the Nebraska Wind Power 2009 Conference, read HERE.

Crossing the Divide with Al Biernat

When it came to the Colorado hamlet of Creede, it was love at first sight for Dallas restaurateur Al Biernat (standing front and center with wife Jeannie and writer Trey Garrison). And what’s not to love about Creede? Nestled among high rocky cliffs on the eastern side of the Continental Divide, the historic mining town is the picture-perfect home of just 400 year-round residents. The rest of the year, tens of thousands of tourists and part-timers cruise through. Best of all, it’s not a ski town. Unlike Vail or Aspen, there’s no crush of obnoxious fashionistas clamoring for lattes or sashimi. Consequently, snug cabins and larger retreats range in price from ridiculously affordable to seven-figure splendor.

BY TREY GARRISON
PHOTOGRAPHY BY GUSTAV SCHMIEGE
PUBLISHED SUMMER 2009

But Creede is no backcountry village. A tiny little Whoville of sorts, Creede boasts a slew of incredible little restaurants, art galleries, and the Creede Repertory Theatre, which has won acclaim from high-minded New York drama critics. The hunting is so rewarding that people wait years to get a permit to stalk elk, moose, and other trophy critters. The fly-fishing on the Rio Grande and its tributaries attracts anglers from around the world. And just four percent of the land in Mineral County is privately owned. The rest is controlled by the U.S. Forest Service.

Enter Al Biernat, a self-made success who worked his way up from bussing tables at the Palm Restaurant in Los Angeles to running the Palm’s Dallas locale as its GM. When a lease came up on a prime piece of Dallas real estate, he signed on the dotted line and created the dining establishment that now bears his name.

Creede was a dream come true—a place of solace, relaxation, and recreation to share with his family and friends—so he and his wife, Jeannie, bought a 30-acre plot in a delicate Alpine zone at 10,600 feet. The land is regulated by the Mineral County Alpine Zoning Commission, and Biernat has a thick stack of regulations to prove it. Everything from the size of structures to the materials he could use is spelled out. Surrounded on three sides by Forest Service land, he believed his cherished investment would be protected from the over development that has plagued other Colorado towns.

Since 2005, Biernat has put a substantial amount of his hard-earned cash into his cabin and the surrounding property. “It seemed the perfect little secret place,” Biernat says. “I had no idea what could be coming.”

But he should have.

Until the mid-1980s, Creede was a mining town, site of Colorado’s last big silver strike. Since then, however, the only miners have been tourists, picking up bits of quartz and the occasional fleck of pyrite (better known as fool’s gold). Biernat was positive this peaceful oasis was immutable.

He was so sure of it that he believed mining could never come back. That’s why he signed his deed, despite a standard print disclaimer and warning right above the signature line stating that he was not buying the patented mineral rights to his land. And yet, from 2007 through the end of 2008, mining returned—exploratory mining for untapped veins of nickel, silver, lead, and gold.

The prospect sent Biernat and a good number of local landowners into a tailspin of worry and doubt. They weren’t just concerned about the light and noise pollution from drilling operations or the heavy truck traffic on narrow, winding passes. Biernat was in a bind because while he owned the surface rights to his property, someone else owned the patented mineral rights. And the implications are enormous.

Different parties often own the surface and the subsurface rights. These interests may have been created through the reservation of the minerals by the government or may result from a decision by a landowner to sell their mineral interests.

Mining claims are initially unpatented claims, which give the right only for those activities necessary to explore and mine. Much as farmers could obtain title under the Homestead Act, miners can obtain a patent (a deed from the government). The owner of a patented claim can put it to any legal use. Bottom line? If extractable ore were found beneath his property, the subsurface rights owner can force landowners such as Biernat to sell.

Beyond that, full-scale mining would shatter the sanctity of the Continental Divide. Biernat’s 1,000-square-foot, loft-style cabin is something out of a Ralph Lauren catalog. It’s cozy, rustic, gorgeously decorated, and at night you get a better view of the stars than the Hubble telescope.

Biernat had planned to build a larger cabin and turn his existing one into a guest house. He had already added a barn-style garage for his truck, his ATVs, and the snowmobiles that are the only way to and from the cabin in winter. Needless to say, the return of mining put an end to Biernat’s construction plans. But to many longtime locals, another possibility loomed:

Was their dream of mining going to come true?

After the closure of the last active mine in 1985, Creede recreated itself as a tourism hub. But tourism is a fickle trade, which even opponents of mining admit. Ed Vita, an ex-techie who moved to Creede to get away from the rat race, owns two businesses in Creede. In the winters he runs San Juan Snowcat, and he owns the popular Old Miners Inn, where you can enjoy a mean pizza and the requisite adult beverage.

We sat outside on the inn’s upstairs deck, and Vita admitted he tentatively supports the return of mining. “It’s all exploratory. Until I see the numbers and the contracts, I’m not counting on anything. I know there will be some impact on the tourist industry, but it can be hard surviving here in the winter months when it’s just the 400 locals circulating the same dollars,” Vita says.

But businessmen like Avery Auger, president of Creede America Group, love the idea of mining coming back to Creede. Creede America is developing custom homes that start in the $300,000 range. Auger is not concerned about mining. In fact, he expects to draw potential buyers from the mining operations, at least from among those in management and high-tech positions that command six-figure salaries. His development overlooks Creede and is protected by an earthen berm that blocks sight and dampens noise. “This town needs this kind of business to grow,” Auger says. “This is only going to increase property values and bring money this town needs.”

Brian Egolf agrees. Egolf first came to Creede with his grandfather when he was only two years old. As years passed, Egolf thought someday he would relocate to Creede permanently. After finding his way he watched the mines close. He swore one day he would reopen them.

Over the last decade, Egolf gathered patented mineral rights for large swaths of land around Creede. A savvy businessman, he knew that the depressed price of minerals wouldn’t last forever and approached Idaho-based Hecla Mining. Egolf wanted Hecla to come to Creede, test the mines, and, if profitable, oversee production.

“I’m really hoping that we can revitalize Creede, so that people can stay and earn a good living and that their children won’t leave as soon as they graduate high school, because there will be opportunities here,” Egolf says.

Hecla’s exploratory plans called for three years of exploratory mining in a 36-square-mile area, an investment of more than $12 million. But when mineral prices declined, Hecla suspended operations. Although it promises to resume exploration in the near future, many in Creede are doubtful it will return anytime soon.

That’s no relief to Biernat, who is still considering a new house, a new well, and solar power. If commodity prices rebound, mining could come back. “Do I put the money in and risk losing my investment?” Biernat asks. “I don’t know.”

Active mining operations around a recreational retreat could drive down property values long before Hecla might acquire Biernat’s cabin. Although it’s appraised at $550,000 right now, it would be worth much less if mining resumed.

When Biernat first saw his land, everything convinced him his investment would be protected. Set in an Alpine zone, it is surrounded by Forest Service land. Brokers emphasized how mining was dead and that the town had been reinvented as a cultural and recreation hub. But unless an area is declared a wilderness, the U.S. Forest Service allows activities on federal land like mining, timber harvesting, and grazing.

To be fair, the fact that Biernat would not own the patented mineral rights wasn’t exactly in fine print. Biernat is a smart businessman and took a risk. And, he admits, despite all his anxieties, he doesn’t think he’d do anything different.

“I knew I was taking a little bit of a gamble,” Biernat admits. “I should have read things more closely. But I’ll be honest. If I could go back and do it again, I would, no matter what the stress and worry has been. Just the memories I built with my children and my wife make it worth it. I just wish I could be sure our investment would be safe over the long haul.”

While some of the specifics of his case are unique to Colorado law, the issue of patented mineral rights is a federal one. From coast to coast and everywhere in between, the potential for profit from subsurface minerals means that if a landowner hasn’t secured those rights, it could place their investment at risk.

Caveat emptor should be every landbuyer’s watchwords, even if they have competent lawyers and erstwhile brokers on their side. Should you find that dream spot, it just may not be possible to acquire the mineral rights to go with the surface estate. At that point, you have to measure the risk, and decide if it’s worth it.

For Biernat, it most definitely has been. But it’s not something he takes lightly. Every time he talks about the issue, you can see the concern etched on his face and the troublesome pall on his otherwise optimistic visage.

“I love that town, I love the fact that it’s an artists’ community, and I love the people,” he says. “It’s taken me so long to really start to fit into the town, and I’d hate to have to leave it. But I’m blessed. I have that option. What about the guy who doesn’t have that choice?”

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