Managing Conservation Easements in Perpetuity - Environmental ...

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VLT: Interpretation Letter May 23, 2006 name address town Re: Temporary Use of Motor Vehicles on Conserved Land Dear ___________: As you requested, this letter is to confirm the __________- Land Trust interpretation of the conservation easement on your land in _______ (the “Protected Property”) with respect to temporary use of motor vehicles. As you know, we interpret the Grant to include motor vehicle use for agriculture and forestry activities. In addition, we interpret the Grant to permit motor vehicle use in your discretion in response to emergencies and for handicapped access. Naturally, this does not mean that you can construct roads or pave or widen existing roads for these vehicles, only that such vehicles can be operated on existing roads or off-road as necessary in an emergency or to transport handicapped persons to participate in permitted uses on the Protected Property. In addition, we assume that you will need to use temporary motor vehicles when you exercise the reserved rights in the Grant for construction of the minor structures and appurtenant temporary structures and any non-commercial recreational structures you might build in the two areas to be excluded in the future. We also assume that you might need to temporarily use motor vehicles to move temporary structures such as picnic tables or outhouses at the beginning and end of each season as well as repairs to any of the permitted structures. This is all fine with us. Again, we expect that that you will not construct new roads or pave or widen existing (or new woods roads or trails constructed for forestry activities pursuant to the approved forest management plan) roads for these vehicles. You may also need the approval of the Town of ___________ under its zoning ordinance, and other state and federal regulators. The best place to start is with your Town zoning administrator. Your attorney can best advise you about any other government permits or licenses that may be required. 248 Managing Conservation Easements in Perpetuity
If you have any questions, please call our Conservation Stewardship staff. Thank you. Sincerely, . Project Counsel C: Conservation Stewardship Office Landowner attorney Amendments 249 VLT: Interpretation Letter
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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
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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.
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
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: May 23, 2006 name address town re:
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
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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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