Posted on 08/07/2003 9:38:02 AM PDT by jonefab
APC is in possession of a very controversial letter.
The American Farm Bureau Federation (AFBF) and their high-priced lobbyists have SOLD OUT their members, farmers and property rights advocates. Rather than fight they have decided to CAVE to The Nature Conservancy, the Land Trust Alliance and the rest of the land grab lobby.
Recall that the Senate passed President Bush’s "faith-based initiative," otherwise known as the CARE Act (S. 476) AND included a nasty little provision in the bill that would UNDOUBTEDLY put a limitless amount of property and farmland into the hands of land trusts and government agencies. The provision in S. 476 gives the seller of any property a 25% capital gains tax cut—ONLY if he sells his land to an environmental land trust or government agency! This only benefits organizations like the multibillion-dollar Nature Conservancy as they will get to swoop in, offer the seller a LOWER price for his land citing the 25% tax break on the profits, and UNFAIRLY ELIMINATE all other competitive bidders.
Property values would plummet.
Schools, churches and other "faith-based" organizations looking to purchase land would be NO MATCH for The Nature Conservancy and their greedy little land grabbers armed with an UNFAIR TAX ADVANTAGE.
Farmland would be snatched up in gigantic swaths and shut off from agricultural use as the government and greens add to the pieces of the Wildlands Project.
Most importantly, more and more land will be taken out of private use and locked away and controlled by government.
And we all know that FARMLAND LOST IS FARMLAND LOST FOREVER.
NOW, the House of Representatives’ version of the CARE Act (H.R. 7) does NOT include this unfair tax advantage for green land grabbers and big government agencies. HOWEVER, big-money green lobbyists are pushing hard to get this unfair tax advantage included in H.R. 7.
You would think the Farm Bureau would fight the radical greens—the same land grabbers who are destroying the property rights of farmers nationwide—RIGHT???
WRONG!
The Farm Bureau’s lobbyists and their national headquarters are RUNNING SCARED and selling out commonsense property rights in the process! According to a letter from AFBF President, Bob Stallman:
"Farm Bureau supports excluding a percentage of the gain from the sale of permanent conservation easements and from land sales to an entity that intends to keep the land in a conservation use."
In other words: The Farm Bureau supports making it IMPOSSIBLE for anyone but the government and the billion-dollar environmental movement to purchase land.
Were Farm Bureau members consulted before this terrible, anti-property rights decision was made???
Were local state Farm Bureau agencies informed???
THIS IS AN OUTRAGE!
WE MUST ACT NOW!
We have some farm land and investigated this when we considered selling it. For example, I can add a covenant restriction of "no clear cutting" and receive a tax advantage of some amount. But the buyer is someone else - like a developer, another farmer, a forester (who can still select cut), etc.
The land trust people do not have the money to buy the land, they just enforce whatever covenants are made. Any covenant is between buyer and seller - just like exists today on other restrictions.
For example of how this works now - The local power company has an easement across our land. Any buyer has to decide if they want to buy property with that easement - or restriction if you will. It is up to the power company to enforce that easement. With a covenant restriction of "no clear cutting", or "no development within 25 feet of river",the land trust people would enforce the covenant.
Let me know if you wish to be added or removed from this list.
SEC. 121A. 25-PERCENT EXCLUSION OF GAIN ON SALES OR EXCHANGES OF LAND OR WATER INTERESTS TO ELIGIBLE ENTITIES FOR CONSERVATION PURPOSES.
a) EXCLUSION- Gross income shall not include 25 percent of the qualifying gain from a conservation sale of a long-held qualifying land or water interest.
CONSERVATION SALE- For purposes of this section, the term `conservation sale' means a sale or exchange which meets the following requirements:
`(1) TRANSFEREE IS AN ELIGIBLE ENTITY- The transferee of the long-held qualifying land or water interest is an eligible entity.
`(1) ELIGIBLE ENTITY- The term `eligible entity' means--
`(A) a governmental unit referred to in section 170(c)(1), or an agency or department thereof operated primarily for 1 or more of the conservation purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A), or
`(B) an entity which is--
`(i) described in section 170(b)(1)(A)(vi) or section 170(h)(3)(B), and
`(ii) organized and at all times operated primarily for 1 or more of the conservation purposes specified in clause (i), (ii), or (iii) of section 170(h)(4)(A).
Amendments:
S.AMDT.526 to S.476 To provide a manager's amendment. Sponsor: Sen Grassley, Charles E. [IA] (introduced 4/8/2003) Cosponsors: 1 Latest Major Action: 4/8/2003 Senate amendment agreed to. Status: Amendment SA 526 agreed to in Senate by Unanimous Consent.
S.AMDT.527 to S.476 To exclude 25 percent of gain on sales or exchanges of land or water interests to any nonprofit entity for any charitable purpose. Sponsor: Sen Nickles, Don [OK] (introduced 4/9/2003) Cosponsors: (none) Latest Major Action: 4/9/2003 Motion to table amendment SA 527 agreed to in Senate by Yea-Nay Vote. 62 - 38. Record Vote Number: 127.
Latest Major Action: 4/9/2003 Passed/agreed to in Senate. Status: Passed Senate with an amendment by Yea-Nay Vote. 95 - 5. Record Vote Number: 128. b
Title: To amend the Internal Revenue Code of 1986 to provide incentives for charitable contributions by individuals and businesses, and for other purposes.
Sponsor: Rep Blunt, Roy [MO-7] (introduced 5/7/2003) Cosponsors: 84
Latest Major Action: 6/20/2003 Referred to House subcommittee. Status: Referred to the Subcommittee on Select Education.
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