Managing Conservation Easements in Perpetuity - Environmental ...

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VLT: Recordkeeping System Examples Example 2: Paper Stewardship Files The Conservation Easement Program Administrator will serve as Custodian of Records, unless otherwise designated by the Executive Director, and will be charged with safeguarding the records kept in the fireproof filing cabinet. The cabinet will be locked at all times. Only the Custodian of Records and Executive Director will have access to the filing cabinet. Should another staff member need a file from the cabinet, the staff member must obtain prior approval from the Custodian of Records. If granted, the Custodian of Records will retrieve the file and request the staff member sign-out the file. Staff members will be accountable for any such files in their possession until it is handdelivered to the Custodian of Records and signed back in. Records to be Stored Conservation Easement Records: • Original signed conservation easement baseline documentation report and supplemental baseline report • Original recorded conservation easement • Baseline and monitoring photograph negatives • Signed copy of Internal Revenue Form 8283 Organizational Records: • Personnel records as deemed appropriate by Executive Director • Pertinent materials pertaining to any legal proceedings involving the land trust • Documentation regarding Wills, bequests, etc. Fee Owned Property Records: • Materials as deemed appropriate by staff Tradeland Records • Sales contracts and other material as deemed appropriate by staff Highly confidential or irreplaceable records deemed appropriate by Custodian of Records and/or Executive Director Note: Interestingly, this land trust considers organization records, tradeland records and other records not normally considered to be “stewardship” records to be within the purview of their stewardship program. This is an example of each land trust tailoring its record systems to meet its needs. This land trust takes a broad view of what constitutes stewardship records. Other land trusts take much narrower views. Either is appropriate if it serves your organizational needs, complies with applicable laws and supports your land trust in the event of litigation. 136 Managing Conservation Easements in Perpetuity
Example 3: Computer Folder Structure LAND TRUST PROPERTIES Adams Property Byrne Property Baseline Documentation Report o Baseline Documentation Report - Drafts o Final Baseline Documentation Report Conservation Easement o Conservation Easement - Drafts o Conservation Easement – Final Monitoring Reports All Other Reports and Documents Photographs o Baseline Documentation Photographs o Annual Monitoring Photographs - 1998 Monitoring Photographs - 1999 Monitoring Photographs - 2000 Monitoring Photographs o All Other Photographs Maps o Baseline Documentation Maps o All Other Maps Kemp Property Loer Property Preuss Property Ruppert Property Recordkeeping 137 VLT: Recordkeeping System Examples
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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
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68 For more information on drafting
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70 for admitting GIS-driven maps in
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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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Page 88 and 89: 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 120 and 121: VLT: Computer Document File Structu
Page 122 and 123: MALT: Records Management Policy All
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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 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
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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Page 173 and 174: are respected in other states. Your
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Page 181 and 182: protected conservation values and t
Page 183 and 184: Principles 5, 6 and 7 tie the amend
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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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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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