Managing Conservation Easements in Perpetuity - Environmental ...

Recommendations

Info

218 Improving easement language to prevent the need for amendments. Drafting conservation purposes and restrictions to withstand the test of time is an evolving art. Easements should not include language that is unnecessarily restrictive, does not support the conservation purposes or that is disproportionately difficult to monitor and enforce. Land trusts continually improve easement language, making it flexible enough to accommodate changes in technology and new economic uses of the land. All easement drafters should stay current on new developments in the field and learn from others’ successes and mistakes. Managing Conservation Easements in Perpetuity
Easement Amendments This exercise may be started in a training or self-study program, but it can only be completed with assistance from other members of your land trust, including board members and legal counsel. This template includes an outline for an amendment policy with important issues and questions that will help you think through issues your land trust may face when confronted by amendment requests. Each section also refers to the page numbers in this chapter where you can find additional information. Use your answers to the questions to create or revise your land trust’s amendment policy.The template includes sample provisions for guidance. However, you should refrain from wholesale copying of the sample language without due consideration of the issues raised by the questions. Effective amendment policies will reflect the mission and core values of your land trust and will be specific to your organization. When you have completed a draft, review it with legal counsel. Finally, always date your policies and procedures to assist your land trust in keeping track of the most current version. Include the date of the policy’s first adoption and the most current revision date. I. Philosophy Statement [page 178] Your land trust’s amendment policy should begin with a statement of intent or the principles your land trust will use when considering an amendment proposal. In developing this statement, consider the following: Why is it necessary to amend conservation easements? How does amendment fit with the perpetuity of easements? How does amendment relate to the land trust’s mission and goals? What is the land trust’s philosophy on upholding the grantor’s intent? What is the land trust’s philosophy on upholding the purposes of the easement? How will your land trust address change? Amendments 219 T E M P L A T E Always date your policies and procedures to assist your land trust in keeping track of the most current version. Include the date of the policy’s first adoption and the most current revision date. All amendment policies should be reviewed by legal counsel before adoption and implementation.
Page 1:
Managing Conservation Easements in
Page 4 and 5:
Managing Conservation Easements in
Page 6 and 7:
The Land Trust Alliance’s mission
Page 8 and 9:
C O N T Acknowledgments · 5 A Note
Page 10 and 11:
C O N T E N T S Violation Resolutio
Page 13 and 14:
When a land trust accepts a conserv
Page 15 and 16:
Eternity is a long time. Especially
Page 17 and 18:
Course Road Map This course covers
Page 19:
Course Resources This course includ
Page 22 and 23:
Everyone is responsible for good re
Page 24 and 25:
22 4. Consider costs and capacity w
Page 26 and 27:
The long-term health and success of
Page 28 and 29:
26 recordkeeping system that includ
Page 30 and 31:
At a minimum, a land trust should k
Page 32 and 33:
In addition to your land trust’s
Page 34 and 35:
32 to serve owners of conserved lan
Page 36 and 37:
34 Post-Closing Easement Stewardshi
Page 38 and 39:
Transparent and ethical procedures
Page 40 and 41:
38 final wording of the clause. The
Page 42 and 43:
40 certain documents, such as lette
Page 44 and 45:
42 able people depending on life ex
Page 46 and 47:
Proper record destruction maintains
Page 48 and 49:
Recordkeeping practices are essenti
Page 50 and 51:
C A S E S T U D Y When the house wa
Page 52 and 53:
C A S E S T U D Y People close to t
Page 54 and 55:
Every project file should have a un
Page 56 and 57:
54 project; -00 identifies the firs
Page 58 and 59:
Do not store permanent files — ev
Page 60 and 61:
Example 58 Combination system. Seve
Page 62 and 63:
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 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
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 114 and 115:
Page 116 and 117:
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
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
Page 171 and 172: to agree with the owner of the encu
Page 173 and 174: are respected in other states. Your
Page 175 and 176: should consult with experienced leg
Page 177 and 178: e added up to reach a decision; for
Page 179 and 180: State Nonprofit Law Requirements St
Page 181 and 182: protected conservation values and t
Page 183 and 184: Principles 5, 6 and 7 tie the amend
Page 185 and 186: No amendment policy should be more
Page 187 and 188: easement or the amendment in a four
Page 189 and 190: context in which a land trust opera
Page 191 and 192: make a recommendation to the board
Page 193 and 194: Table 2-3: Land Trust Capacity and
Page 195 and 196: These are subjects that require leg
Page 197 and 198: 3. Negotiating with the landowner.
Page 199 and 200: Consulting with State Officials The
Page 201 and 202: Conservation Easement Amendments Th
Page 203 and 204: Scenario 2: Excessive Stewardship O
Page 205 and 206: Scenario 3: Weighing Impacts to Con
Page 207 and 208: Scenario 2: Excessive Stewardship O
Page 209 and 210: Drafting Easements with Amendments
Page 211 and 212: Easement Amendment Provisions Part
Page 213 and 214: the protected property is located.
Page 215 and 216: ary, these less permanent approache
Page 217 and 218: Discretionary Waiver A discretionar
Page 219: Looking Ahead: The Future of Easeme
Page 223 and 224: • Not result in private inurement
Page 225 and 226: V. Amendment Procedures [page 186]
Page 227 and 228: Insert the date of the policy and t
Page 229 and 230: communicating a clear process in si
Page 231 and 232: • Applied its existing conflict o
Page 233 and 234: 5. Can describe two ways that your
Page 235 and 236: Conclusion Although conservation ea
Page 237 and 238: considering an amendment and the po
Page 239 and 240: I. General Policy Statement GVLT: C
Page 241 and 242: cost agreement will be developed an
Page 243 and 244: VLT Amendment Principles and Consid
Page 245 and 246: Sample Language Permitting Amendmen
Page 247 and 248: hereby approved and will not be dee
Page 249 and 250: May 23, 2006 name address town re:
Page 251 and 252: If you have any questions, please c
Page 253 and 254: “Hicks v. Dowd: The End of Perpet
Page 255: Check Your Progress Before moving o
Page 258 and 259: 256 • Describe the role of variou
Page 260 and 261: 258 Adoption and implementation of
Page 262 and 263: 260 the landowner on the land, you
Page 264 and 265: Adopting and implementing an easeme
Page 266 and 267: A violation resolution policy holds
Page 268 and 269: IRS Form 990 and Easement Violation
Page 270 and 271:
268 WCLT learned that having a thou
Page 272 and 273:
If you make public detailed violati
Page 274 and 275:
Collecting and sharing violation in
Page 276 and 277:
Moderate and major violations go to
Page 278 and 279:
Violation policies should contain a
Page 280 and 281:
The key to discovering easement vio
Page 282 and 283:
Recordkeeping is essential to effec
Page 284 and 285:
Extra precautions need to be taken
Page 286 and 287:
Third-party violator: A person or e
Page 288 and 289:
The person designated to talk with
Page 290 and 291:
Knowing When You Have to Go to the
Page 292 and 293:
290 first. This letter caused the l
Page 294 and 295:
Mediation: The act of an impartial
Page 296 and 297:
All conservation easements should i
Page 298 and 299:
Third-party enforcer: A person or e
Page 300 and 301:
298 with respect to the conservatio
Page 302 and 303:
300 like posture, you will be more
Page 304 and 305:
Example 302 state. If the best cour
Page 306 and 307:
Avoid placing mandatory arbitration
Page 308 and 309:
306 a landowner is harvesting timbe
Page 310 and 311:
308 Combined Approach Often you wil
Page 312 and 313:
Your land trust’s legal rights ma
Page 314 and 315:
Many land trusts create one dedicat
Page 316 and 317:
Land trusts may need to rethink cur
Page 318 and 319:
Page 320 and 321:
Page 322 and 323:
Waiver: The intentional or voluntar
Page 324 and 325:
Page 326 and 327:
Page 328 and 329:
Quiet title action: A lawsuit broug
Page 330 and 331:
Page 332 and 333:
T E M P L A T E You should refrain
Page 334 and 335:
T E M P L A T E In determining the
Page 336 and 337:
T E M P L A T E Sample Language The
Page 338 and 339:
T E M P L A T E other violation res
Page 340 and 341:
C A S E S T U D Y called VLT to rep
Page 342 and 343:
C A S E S T U D Y Guidance Vermont
Page 344 and 345:
342 4. Can list four alternatives t
Page 346 and 347:
344 2. Violation resolution princip
Page 348 and 349:
346 6. Essential violation document
Page 350 and 351:
348 Sample Documents The following
Page 352 and 353:
Dutchess Land Conservancy: Conserva
Page 354 and 355:
Page 356 and 357:
Page 358 and 359:
MALT: Easement Violation Policy 3.
Page 360 and 361:
MCTGA: Procedure for Enforcement of
Page 362 and 363:
MCTGA: Procedure for Enforcement of
Page 364 and 365:
TRLT: Easement Enforcement Guidelin
Page 366 and 367:
VLT: Easement Enforcement Flow Char
Page 368 and 369:
VLT: Easement Enforcement Flow Char
Page 370 and 371:
VLT: Conservation Stewardship Progr
Page 372 and 373:
VLT: Quick Answers to Assist You wi
Page 374 and 375:
VLT: Stewardship’s FAQs VLT LANDO
Page 376 and 377:
VLT: Stewardship’s FAQs VLT LANDO
Page 378 and 379:
376 Guidebook for Directors of Nonp
Page 380 and 381:
378 Check Your Progress Before comp
Page 382 and 383:
380 • Develop an amendment policy
Page 385 and 386:
Glossary Administrative deviation d
Page 387 and 388:
the property worthy of permanent co
Page 389 and 390:
Policy: A specific course of action
Page 391 and 392:
Index arbitration 266, 292, 294, 30
Page 394:
Governance Mission, Planning and Ca
show all

Managing Conservation Easements in Perpetuity - Environmental ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?