Managing Conservation Easements in Perpetuity - Environmental ...

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T E M P L A T E Sample Language All easement amendments must meet the amendment principles and pass the [land trust’s] screening tests. Any potential conflicts of interest must be addressed in accordance with the [land trust’s] conflict of interest policy. In addition, consider the following: • When will a site visit be required? • When will outside experts be consulted? • Under what circumstances will the land trust seek review or approval from a public agency, attorney general or court? • Due diligence This section can summarize the due diligence steps that are necessary to complete the amendment once it has been approved and describe any procedures unique to your land trust. Consider: • Title issues that may need to be resolved, including subordination of mortgages and liens • Whether the baseline documentation needs to be updated • Final legal review of the easement amendment • Finalizing the amendment This section should summarize the final steps in completing the easement amendment, such as: • Signing and recording • Notifying outside parties • Completing the internal recordkeeping VI. Periodic Review [page 217] What is the process by which the policy will be reviewed and updated? Sample Language The [land trust] will evaluate the adequacy of its amendment policy on a periodic basis and make adjustments as needed to ensure that the goals/philosophy outlined in this policy are met. To this end, this policy shall be reviewed every _____ years by the board of directors or a designated committee, in partnership with staff and/or volunteers involved in the easement stewardship program and legal counsel. Changes in law, best easement stewardship practices and other practices of the [land trust] may require adjustments to this Easement Amendment Policy. 224 Managing Conservation Easements in Perpetuity
Insert the date of the policy and the date of its last revision. Notes Amendments 225 T E M P L A T E
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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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Statute of limitations: The maximum
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100 Evaluate Your Knowledge Answer
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102 Guidance 1. A written records p
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104 Conclusion Recordkeeping is an
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106 management system, a database t
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Brandywine Conservancy: Conservatio
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Mountain Conservation Trust of GA:
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VLT: Conservation Stewardship Progr
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VLT: Computer Document File Structu
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MALT: Records Management Policy All
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MALT: Records Management Policy 122
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MALT: Records Management Policy Mon
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Greensboro Land Trust: Statement of
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CLC: Record-keeping Policy 128 COLU
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CLC: Record-keeping Policy next reg
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CLC: Record-keeping Policy • Insp
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CLC: Record-keeping Policy 4. Trade
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VLT: Recordkeeping System Examples
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VLT: Recordkeeping System Examples
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140 Additional Resources “The Adm
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142 Check Your Progress Before movi
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Chapter Two • Amendments Otis B.
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• Understand the different kinds
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Conservation easement amendments in
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deal with conflicts of interest in
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The challenge for each land trust w
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source can be invaluable in these c
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to add acreage or correct scrivener
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Organizational and Governance Docum
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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
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
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Page 189 and 190: context in which a land trust opera
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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 and 220: Looking Ahead: The Future of Easeme
Page 221 and 222: Easement Amendments This exercise m
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Page 225: V. Amendment Procedures [page 186]
Page 229 and 230: communicating a clear process in si
Page 231 and 232: • Applied its existing conflict o
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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
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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
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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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