Managing Conservation Easements in Perpetuity - Environmental ...

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Mountain Conservation Trust of GA: Policies and Procedures Within the “Annual Stewardship & Monitoring Reports” subdirectory, documents should be filed in the subfolders as follows: Amendments Directory Ex. Summary of Amendment Form Checklists, Forms and Summaries Ex. Document Checklist Ownership Log and History Review of CE with New Owner Exercise of Reserved Rights Contains any correspondence regarding the reserved rights, including any approvals. Ex. Reserved Right Summary Form Letters and Memos Contains any non-monitoring related correspondence, issues affecting the easement, and internal memos. Monitoring Reports Contains all of the monitoring documents, organized by year. Ex. Compliance Letter Monitoring Report Notice of Monitoring Site Visit Memo Monitoring waypoints Contains all waypoints created during annual stewardship & monitoring event Violations Directory Ex. Summary of Violation Form Creating & Archiving Operational Files - ArcView Geographic Information Systems (GIS) Shapefiles All generalized ArcView GIS shapefiles are kept in a GIS folder in the following directory: C:\Documents and Settings\rkeller\Desktop\GIS Data Within that directory all statewide data is filed in the “State data” folder: C:\Documents and Settings\rkeller\Desktop \GIS data\State data - Georgia All County-wide data is stored in the specific county folder: C:\Documents and Settings\rkeller\Desktop \GIS data\County data – Ben Hill County data - Clarke etc. 112 3 Managing Conservation Easements in Perpetuity
Creating & Archiving Operational Files - Compiling Specific ArcView Geographic Information Systems (GIS) Maps All generalized ArcView GIS shapefiles used in creation of specific maps for the “MCTGA Properties” operational files will be copied into the corresponding specific “GIS Data” subfolders. For example: C:\Documents and Settings\rkeller\Desktop\MCTGA Properties\Hammond Property\ GIS Data Creating & Archiving Operational Files - Archiving Specific ArcView Geographic Information Systems (GIS) Maps Within Specific Operational Files Each specific ArcView map document is kept in each specific subfolder: C:\Documents and Settings\rkeller\Desktop\MCTGA Properties\Hammond Property\Maps For example: C:\Documents and Settings\rkeller\Desktop\MCTGA Properties\Hammond Property\ Maps\Baseline Documentation Maps\Hammond property.mxd POLICIES AND PROCEDURES FOR ARCHIVAL OF COMPUTER FILING SYSTEM Proximate Backup of All Pertinent Computer Files - Main Computer By pressing the button labeled “backup” on the external hard drive, all pertinent computer filing system data folders (MCTGA Documents, MCTGA Properties & GIS Data) will be automatically copied to the F: drive. These archived data folder can be accessed by opening “My Computer/Remote Disk (F:)” To ensure complete security and protection, this “Remote Disk (F:)” external hard drive will be removed from the premises each evening by the Executive Director. Ultimate Backup of All Pertinent Computer Files - Main Computer By simultaneously highlighting the three computer filing system data folders (MCTGA Documents, MCTGA Properties & GIS Data) on the Desktop and copying them into the Z: Drive, all pertinent MCTGA data files are copied to the dataserver of the Edge Group Inc. These archived data folders can be accessed by opening “My Computer/mctga on ‘tyr’ (Z:)”. This dataserver, by contract, is physically removed from the premises of The Edge Building every weekend. All pertinent MCTGA files will be copied into the Z: Drive at the end of each business week. Proximate Backup of All Pertinent Computer Files – Executive Assistant Computer Mountain Conservation Trust of GA: Policies and Procedures All pertinent Executive Assistant computer filing system data folders (Microsoft Office ACCESS Application – “mctg”, QuickBooks. Financial Records “MCTQuickbks.qbb”) will be 4 Recordkeeping 113
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Managing Conservation Easements in
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Managing Conservation Easements in
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The Land Trust Alliance’s mission
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C O N T Acknowledgments · 5 A Note
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C O N T E N T S Violation Resolutio
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When a land trust accepts a conserv
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Eternity is a long time. Especially
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Course Road Map This course covers
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Course Resources This course includ
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Everyone is responsible for good re
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22 4. Consider costs and capacity w
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The long-term health and success of
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26 recordkeeping system that includ
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At a minimum, a land trust should k
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In addition to your land trust’s
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32 to serve owners of conserved lan
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34 Post-Closing Easement Stewardshi
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Transparent and ethical procedures
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38 final wording of the clause. The
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40 certain documents, such as lette
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42 able people depending on life ex
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Proper record destruction maintains
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Recordkeeping practices are essenti
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C A S E S T U D Y When the house wa
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C A S E S T U D Y People close to t
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Every project file should have a un
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54 project; -00 identifies the firs
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Do not store permanent files — ev
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Example 58 Combination system. Seve
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60 Retrieving Documents Documents n
Page 64 and 65: Hearsay is like children playing th
Page 66 and 67: 64 trust prepares. A commitment to
Page 68 and 69: 66 Essential Conservation Documents
Page 70 and 71: 68 For more information on drafting
Page 72 and 73: 70 for admitting GIS-driven maps in
Page 74 and 75: P U T T I N G I T I N T O P R A C T
Page 100 and 101: Statute of limitations: The maximum
Page 102 and 103: 100 Evaluate Your Knowledge Answer
Page 104 and 105: 102 Guidance 1. A written records p
Page 106 and 107: 104 Conclusion Recordkeeping is an
Page 108 and 109: 106 management system, a database t
Page 110 and 111: Brandywine Conservancy: Conservatio
Page 112 and 113: Mountain Conservation Trust of GA:
Page 116 and 117: Mountain Conservation Trust of GA:
Page 118 and 119: VLT: Conservation Stewardship Progr
Page 120 and 121: VLT: Computer Document File Structu
Page 122 and 123: MALT: Records Management Policy All
Page 124 and 125: MALT: Records Management Policy 122
Page 126 and 127: MALT: Records Management Policy Mon
Page 128 and 129: Greensboro Land Trust: Statement of
Page 130 and 131: CLC: Record-keeping Policy 128 COLU
Page 132 and 133: CLC: Record-keeping Policy next reg
Page 134 and 135: CLC: Record-keeping Policy • Insp
Page 136 and 137: CLC: Record-keeping Policy 4. Trade
Page 138 and 139: VLT: Recordkeeping System Examples
Page 140 and 141: VLT: Recordkeeping System Examples
Page 142 and 143: 140 Additional Resources “The Adm
Page 144 and 145: 142 Check Your Progress Before movi
Page 147 and 148: Chapter Two • Amendments Otis B.
Page 149 and 150: • Understand the different kinds
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Page 153 and 154: deal with conflicts of interest in
Page 155 and 156: The challenge for each land trust w
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Page 159 and 160: to add acreage or correct scrivener
Page 161 and 162: Organizational and Governance Docum
Page 163 and 164: Guidance on Completing IRS Form 990
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other words, these prohibitions app
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the unique and significant size of
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Islands. The states are Alabama, Al
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to agree with the owner of the encu
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are respected in other states. Your
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should consult with experienced leg
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e added up to reach a decision; for
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State Nonprofit Law Requirements St
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protected conservation values and t
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Principles 5, 6 and 7 tie the amend
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No amendment policy should be more
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easement or the amendment in a four
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context in which a land trust opera
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make a recommendation to the board
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Table 2-3: Land Trust Capacity and
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These are subjects that require leg
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3. Negotiating with the landowner.
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Consulting with State Officials The
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Conservation Easement Amendments Th
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Scenario 2: Excessive Stewardship O
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Scenario 3: Weighing Impacts to Con
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Scenario 2: Excessive Stewardship O
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Drafting Easements with Amendments
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Easement Amendment Provisions Part
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the protected property is located.
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ary, these less permanent approache
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Discretionary Waiver A discretionar
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Looking Ahead: The Future of Easeme
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Easement Amendments This exercise m
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• Not result in private inurement
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V. Amendment Procedures [page 186]
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Insert the date of the policy and t
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communicating a clear process in si
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• Applied its existing conflict o
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5. Can describe two ways that your
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Conclusion Although conservation ea
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considering an amendment and the po
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I. General Policy Statement GVLT: C
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cost agreement will be developed an
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VLT Amendment Principles and Consid
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Sample Language Permitting Amendmen
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hereby approved and will not be dee
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May 23, 2006 name address town re:
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If you have any questions, please c
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“Hicks v. Dowd: The End of Perpet
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Check Your Progress Before moving o
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256 • Describe the role of variou
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258 Adoption and implementation of
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260 the landowner on the land, you
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Adopting and implementing an easeme
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A violation resolution policy holds
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IRS Form 990 and Easement Violation
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268 WCLT learned that having a thou
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If you make public detailed violati
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Collecting and sharing violation in
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Moderate and major violations go to
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Violation policies should contain a
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The key to discovering easement vio
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Recordkeeping is essential to effec
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Extra precautions need to be taken
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Third-party violator: A person or e
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The person designated to talk with
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Knowing When You Have to Go to the
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290 first. This letter caused the l
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Mediation: The act of an impartial
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All conservation easements should i
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Third-party enforcer: A person or e
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298 with respect to the conservatio
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300 like posture, you will be more
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Example 302 state. If the best cour
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Avoid placing mandatory arbitration
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306 a landowner is harvesting timbe
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308 Combined Approach Often you wil
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Your land trust’s legal rights ma
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Many land trusts create one dedicat
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Land trusts may need to rethink cur
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P U T T I N G I T I N T O P R A C T
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Waiver: The intentional or voluntar
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Quiet title action: A lawsuit broug
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T E M P L A T E You should refrain
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T E M P L A T E In determining the
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T E M P L A T E Sample Language The
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T E M P L A T E other violation res
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C A S E S T U D Y called VLT to rep
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C A S E S T U D Y Guidance Vermont
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342 4. Can list four alternatives t
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344 2. Violation resolution princip
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346 6. Essential violation document
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348 Sample Documents The following
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Dutchess Land Conservancy: Conserva
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MALT: Easement Violation Policy 3.
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MCTGA: Procedure for Enforcement of
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MCTGA: Procedure for Enforcement of
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TRLT: Easement Enforcement Guidelin
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VLT: Easement Enforcement Flow Char
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VLT: Easement Enforcement Flow Char
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VLT: Conservation Stewardship Progr
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VLT: Quick Answers to Assist You wi
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VLT: Stewardship’s FAQs VLT LANDO
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VLT: Stewardship’s FAQs VLT LANDO
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376 Guidebook for Directors of Nonp
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378 Check Your Progress Before comp
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380 • Develop an amendment policy
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Glossary Administrative deviation d
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the property worthy of permanent co
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Policy: A specific course of action
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Index arbitration 266, 292, 294, 30
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Governance Mission, Planning and Ca
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