For Sale: Hall & Hall Lists Montana’s N Bar Ranch

One of the most historic working ranches in the Rocky Mountain West is on the market. The 62,091-acre N Bar Ranch, whose chain of title includes Tom Cruse, Anton Holter, and Jack Milburn has been listed by Hall and Hall for $45 million, not including livestock and other personal property.

“The N Bar Ranch is a piece of Montana history complete with a profitable livestock operation and an outstanding wildlife component,” said Hall and Hall broker Joel Leadbetter. Ranging in elevation from 4,200 to 5,500 feet above sea level, the ranch is time-tested cattle country and is further blessed by abundant wildlife, including trophy elk, mule deer and whitetail, antelope, Hungarian pheasant, and sharptail and mountain grouse. Brown trout thrive in the 60 miles of Flatwillow Creek that wind through the property down from the Snow Mountains. ”We are thrilled to be representing such a phenomenal land holding,” Leadbetter adds.

Located approximately 90 miles north of Billings and 35 miles southeast of Lewiston, the N Bar is 62,091 total acres, including 51,409 deeded, 4,875 BLM leased, 1,920 Montana leased, and 3,887 privately leased.

Read more about the listing in Friday’s Wall Street Journal or visit the ranch’s website.

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.

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?”

Ask the Expert: Andy Smyth

Andy Smyth is a straight-speaking man, runs a great brokerage business in Idaho, and has become a good partner with The Land Report. Andy recently told me that after experiencing a downward period in the land market the likes of which he’s never seen before, he is finally seeing signs of things turning around for land deals in his neck of the woods.

We asked Andy if he would mind us picking his brain a little bit, and he obliged.

Land Report: What got you into the land business, and how long have you been at it?

Andy Smyth: I was born into it. My great-grandfather Smyth sold his farmland near North Platte, Nebraska and moved to the Boise Valley in 1905. He, my grandfather, my father, and I farmed in this valley from then until the spring of 2008, when I retired from active farming after 34 years. My endeavor in real estate marketing began about 12 years ago as a diversification to my farming business. It seemed a natural outgrowth to my many years of involvement in various agricultural organizations and community service organizations throughout the state of Idaho.

Land Report: What’s are the biggest changes you have seen in your 12 years of marketing property?

Andy Smyth: The first was the run-up in land values beginning in the mid-‘90s that lasted until about the first half of 2008. The second was the decline in activity from then until very recently. During the first period I referred to, it was fairly easy to move land parcels. Since the end of ’08 and beginning of ‘09, it has become very difficult to move large parcels. It now requires a high level of persistence and focused advertising to attract interested buyers with the ability to “write the check.”

Land Report: You mentioned to me the other day that the market seems to be on the up-tick in your area. What are you experiencing?

Andy Smyth: In the last month, mid August until today, I have received more inquiries than I received since the first of the year. I have had several investor groups contact me with inquiries about large parcels. I have had numerous individuals inquire about agricultural properties for investment and primary use purposes. I have had two ranch showings in the last 10 days and another scheduled for the end of this week. I have had four inquiries in the last 24 hours. I have not closed a deal as a result of this activity, but if this rate of inquiry continues, there is bound to be a resulting close coming. I am confident.

Land Report: Tell us about some of your top current listings.

Andy Smyth: I have a number of ranch/recreational/investment quality properties available.

- A 6,080 deeded acre parcel within 1.5 hours of Boise is an exceptional property offering outstanding hunting of all types. It contains 700 acres BLM permanent lease acres adjacent. It is one contiguous parcel in a private setting. Year-round stream, 300-acre reservoir within 1/4 mile of boundary. No buildings.

- A 1,700 deeded acre parcel, offering adjacent permanent lease land access to an additional 5,600 acres. This is a beautiful parcel offering timber at higher elevations and year-round streams. Home, shop, etc.

– 2,646 deeded acres. 1,640 acres BLM permanent lease adjacent. 2 mile by 2.5 mile parcel running to the top of an 8,748 foot peak. Great hunting, access. Irrigation well. Home, shop, etc.

Pictures, more information on these parcels, other available properties at www.smythfarms.com

Land Report: What do you consider your unique strengths as a listing broker?

Andy Smyth: My many years as an active, full-time farmer myself, allows me to fully understand the elements involved in selling the family farm or ranch. I am able to empathize in a way that some brokers can’t. My priority as the listing agent is to protect the interests of the party selling their ranch or farm. I spend the money required to advertise in a way that many brokers do not. Representing the type of property that I do, requires a willingness to advertise in venues where the folks who have an interest in this type of property and who can “write the check” may be found. Not all brokers do this.

That’s why I advertise in The Land Report. It’s an invaluable tool in securing new listings. It is an impressive, high quality publication. When a potential listing client sees my ads in recent issues of The Land Report, it is obvious to them that my commitment to represent their property in a serious way is beyond question.

Land Report: From the buying side, what does your brokerage offer newcomers to your markets?

Andy Smyth: I come from a world where a person’s word is their bond. My role, as someone helping a potential customer select a property, is to provide honest, straightforward information. My responsibility is to provide correct, unbiased answers to their questions so they can make an informed decision regarding what is in their best interests. I take my role and responsibilities very seriously.

My long history in the circles of the ranch and farm community can be very helpful. There are often properties which may be for sale that are not listed or being actively marketed. I also offer financing sources for folks who may not be able or want to write a check for the full amount at closing, but who may have the ability to secure financing for this type of property.

Sold! Steamboat’s Perry Ranch

A well-known Rocky Mountain landmark, Colorado’s 470-acre Perry Ranch, sold for $11 million ($23,000+ per acre). The sellers paid $13 million for the Routt County ranch in 2007 intending to improve it and then market it as a conservation development property, but last year’s recession squelched those plans. Hall & Hall’s Brian Smith in Steamboat Springs represented the seller. Tim Casey of Mountain Marketing Associates in Breckenridge represented the buyer. The transaction closed on June 30.

The original asking price of $25 million dropped to $19.5 million and then to $16 million last year when the economy tanked. “This sale is very indicative of what we’re now seeing: 15 to 25 percent off market highs,” says Smith, referring to the spread between the sellers’ purchase price in 2007 and the 2009 sale.

“Buyers who are not trying to pinpoint the bottom of the market can find all sorts of opportunities. A lot of sellers, particularly those with a higher basis in a property, are recognizing current market conditions and adjusting their asking price,” says Smith. “What made this property such an outstanding opportunity was the size of the parcel and its proximity to downtown Steamboat Springs. The south fence line is literally one mile to the city limits. One minute you’re tucked away by yourself in a lush little valley with aspen groves and Soda Creek. Hop in your truck and five minutes later you’re on Main Street. Best of both worlds. It’s extremely difficult to find that combination near a resort town, whether it’s Steamboat, Vail, Aspen, Telluride, Jackson, or Sun Valley.”

Madeleine Pickens Presents Eco-Sanctuary Plan to BLM

Madeleine Pickens is no ordinary horsewoman. A lifelong equestrian, she has led numerous champions into the winner’s circle, including the Hall of Fame Thoroughbred Cigar, winner of 16 consecutive races. Now she is championing a new cause: America’s wild horses.

“Wild horses are a living symbol of the pioneering spirit of Americans and the America West,” she says. Her goal is to establish a 501(c)(3) eco-sanctuary for all horses currently in holding facilities on BLM lands. Similar to a national park, it would be a tourist attraction as well as a refuge. To that end she has submitted a proposal to the Bureau of Land Management to create a public/private partnership that would not only locate appropriate land with sufficient forage and water sources but allow wild horses and burros to be free‐roaming and able to form natural bands.

“While the primary objective of the project is to care for these wonderful creatures, we will also be stewards of the land,” she says.

In March during hearings on H.R. 1018, Restoring Our American Mustangs (the ROAM Act), Pickens testified before the House of Representatives Subcommittee on National Parks, Forests and Public Lands Committee on Natural Resources. She has also submitted a plan to initially alleviate conditions for 10,000 wild horses currently being penned in BLM short-term holding facilities.

“My view is for a wild horse sanctuary that will be a tourist destination similar to our national parks where Americans and tourists from around the world can come, observe and be a part of this great part of American history. We can use this treasure to promote ecotourism and at the same time provide for permanent retirement and management of these American icons to which we owe so much,” she says.

To that end, she is urging those who cherish the wild mustang and support her initiative to contact Interior Secretary Ken Salazar to stop the slaughter and confinement America’s wild horses and burros.

To join the thousands who have already petitioned Secretary Salazar as well as read more about her plan, The Land Report encourages you to visit her website.

Interior Department Investigates Renewable Energy Speculators

Remember the Interior Department’s ongoing investigation into possible abuses of the Royalty-in-Kind program? Now the department’s Inspector General has started to look into possible abuses by companies seeking to develop renewable energies on BLM land.

Three years ago, BLM received six applications for solar energy projects. In the last year? 130, including one for 300,000 acres from Cogentrix Solar Investments.

The focus of the investigation is renewable energy companies as well as speculators that have applications pending for BLM leases and are seeking to be acquired based on the value of those applications.

According to the LA Times:

Officials said last week that the inspector general’s office of the Department of the Interior was investigating Tempe, Ariz.-based First Solar Inc.’s recent acquisition of Hayward, Calif.-based OptiSolar, and its unfinished renewable energy projects, for $400 million.The deal gave First Solar control of what the company described as OptiSolar’s “strategic land rights” to 136,000 acres of public land in San Bernardino, Riverside and Kern counties.

In acquiring OptiSolar, First Solar acquired the lease applications, not the land itself. Those applications are no guarantee according to Greg Miller of the BLM.

“There is no value associated with a mere application, which could be rejected by us for a variety of reasons,” Miller told the Times.

As a result, application approvals for solar energy projects have been suspended while officials sort out what’s going on.

Read more at:
“Renewable Energy Sparks a Probe of a Modern-Day Land Rush,” Los Angeles Times, June 1, 2009.

Foreign Investors Own Major Stake in Maine

Foreign investors own an interest in 21.2 million acres of U.S. forest and farmland, an amount that equates to just under 1 percent of all the land in the U.S. Every one of the 50 states as well as Puerto Rico has foreign ownership, but far and away the largest concentration was in Maine with 3,323,846 acres (16 percent of the national total). Forest and timberland accounted for more than 3 million of those acres with Canadian companies the leading landowners.

The figures were compiled by the Farm Service Agency from filings required by the Agricultural Foreign Investment Disclosure Act of 1978 and are available in this handy 178-page report.

Sold! Montana’s Yellowstone Club Goes for $115 Million

CrossHarbor Capital Partners LLC paid $115 million to buy Montana’s Yellowstone Club out of bankruptcy court yesterday. The Boston-based private-equity firm agreed to pay $35 million in cash and assume $80 million in debt owed to Credit Suisse. CrossHarbor will also infuse up to $75 million in working capital.

CrossHarbor’s principal, Sam Byrne, is a Yellowstone Club member, and has been closely following its fortunes. In 2008, CrossHarbor attempted to acquire the club for $450 million.

According to the Bozeman Daily Chronicle, the sale capped a week of non-stop negotations in the court of federal bankruptcy Judge Ralph Kirscher. The only other bidder was Credit Suisse, which in 2005 loaned $375 million to Tim and Edra Blixseth, the now divorced couple who jointly founded the club.

As part of the final deal, Credit Suisse will be allowed to co-invest in the club with CrossHarbor. Credit Suisse also received additional assets, including Yellowstone Club real estate and a castle in France that the Blixseths had acquired. Unsecured creditors were recognized by the court as $19 million was set aside to pay local vendors, tradesmen, and others.

This marks the second major bankruptcy ruling in as many months involving Credit Suisse. In April the Promontory Club outside of Park City, Utah, sold to the Pivotal Group for $30 million. Credit Suisse had put together a $350 million loan package for Pivotal, which it used to develop the resort community before seeking bankruptcy protection.

According to the CrossHarbor website, the LLC “is an active investor in the distressed securities market. We invest in a wide variety of securities including real estate loans, corporate loans, and structured securities that are suffering from stress including monetary and/or technical defaults.”

Read more at:
“Cross Harbor Wins Yellowstone Auction,” Bozeman Daily Chronicle, May 18, 2009.

For Sale: Split Rock Ranch

As previously reported, the Bell Ranch is the largest piece of property for sale in the United States today. At more than 290,000 acres, the massive holding would instantly qualify its new owner(s) for inclusion on The Land Report 100.

But what about the second largest land listing? I did a little digging and came up with a much different type of landholding: the 193,000-acre Split Rock Ranch in south central Wyoming, which is listed with Ranch Marketing Associates.

This is a much different transaction. First off, only 16,000 acres of the ranch are deeded. The rest is BLM, state, and private leases. The second proviso is that the $14 million purchase price is for a 50 percent interest. The remaining 50 percent interest would be owned by a silent partner.

Split Rock is a working cattle ranch and runs 2,400 pair, plus 600 yearlings. It features 12 miles of Sweetwater River on the property. This isn’t the sort of property a weekend warrior need consider.

That’s not to say a little fun couldn’t be had on the property like trout fishing in the Sweetwater or world-class hunting for elk, deer, and antelope.

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