Managing Conservation Easements in Perpetuity - Environmental ...

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VLT: Computer Document File Structure 118 VERMONT LAND TRUST COMPUTER DOCUMENT FILE STRUCTURE 1/1/07 A Projects Abrams Ackelford Axeminster Azur Archive (all final documents according to retention schedule) Correspondence (project work only) Financial (project work only) Map (links to GIS database) Photographs (links to photo database) Project (drfts and other project work only material) Publicity Stewardship (used only after closing) B Projects C Projects D PRojects Managing Conservation Easements in Perpetuity
Marin Agricultural Land Trust Records Management Policy Records Management refers to the systematic control of information and documentation that is required in the administration and operation of an organization. By assuring that valuable records are preserved and readily available, records management promotes economy and efficiency. Records management involves determining what records should be retained; how long those records need to be retained; who in the organization is responsible for the records; whether the records are to be retained in an office or transferred to an off-site archive; and whether the records should eventually be destroyed. Official records constitute original text documents, photographs, recordings, faxes, emails, or any form in which data are held, that are created, received and used by an organization in carrying out its functions. Draft editions of records may be helpful in documenting the decisionmaking process, though they are generally not considered records. The purpose of this Records Management Policy is to ensure that authentic, reliable, complete and usable information and documentation that MALT generates and receives in the course of its business are properly managed and maintained in an effective and secure manner for as long as they are required. The objectives of the policy are to: • ensure the preservation of records of permanent value • maintain continued access to and readability of historical records • preserve long-term transparency in the decision-making process • ensure that all records that have regulatory, statutory or business value are effectively stored and protected against damage, loss, tampering, or unauthorized access for appropriate periods of time • uphold confidentiality of information pertaining to MALT documents and conditions on private properties Off-site Storage The storage needs for each record type covered by this policy depend on factors such as the nature of the record. the type of media used, and access requirements. MALT’s offices provide sufficient security and protection for most of our needs, but records that require longevity with a higher degree of protection from fire and environmental factors may be archived at appropriate facilities away from MALT’s offices. Unless otherwise indicated, the following locations and procedures will be used for off-site archival storage. A and P Records Management Location: 111 Hamilton Drive, Novato, CA 94949; 415-884-7720, 883-2391 Designated Manager (DM) of records at this site: Tony Nelson, Stewardship Coordinator Condition of stored materials is to be examined every 6 months. Materials must be clearly identified with the name and title, including signature, of the creator and the date the record is created or updated. Recordkeeping 119 MALT: Records Management Policy
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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
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Hearsay is like children playing th
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64 trust prepares. A commitment to
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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 118 and 119: VLT: Conservation Stewardship Progr
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
Page 151 and 152: Conservation easement amendments in
Page 153 and 154: deal with conflicts of interest in
Page 155 and 156: The challenge for each land trust w
Page 157 and 158: source can be invaluable in these c
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
Page 165 and 166: other words, these prohibitions app
Page 167 and 168: the unique and significant size of
Page 169 and 170: 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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