Managing Conservation Easements in Perpetuity - Environmental ...

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recordkeeping system that includes storage of duplicates of essential
records in locations safe from damage or destruction will prove invaluable
to land trusts in managing easements and ensuring that the organization’s
institutional memory survives.
Protect your land trust in the event of litigation or government investigation.
Your land trust cannot predict when it will face litigation or
be audited by the IRS or by your state attorney general, nor can you
predict what records will be critical in the event of a lawsuit or audit.
A good records system includes a retention policy based on a risk
management analysis and the requirements of applicable laws so that
your land trust keeps all essential records and disposes of extraneous
ones. Your organization can then demonstrate a consistently implemented
and credible records system in court or in an audit.
Comply with federal, state and local requirements. Every land trust must
comply with all legal requirements for recordkeeping and disclosure
of organizational information. The Alliance offers a separate course,
“Nonprofit Law and Recordkeeping for Land Trusts,” that covers this
topic in detail.
Ensure good landowner relations. Every land trust should strive to build
and maintain good relations with the owners of protected properties.
Doing so has been shown to reduce not only the frequency but also
the severity of easement violations. For more information on developing
strong landowner relations, see the Land Trust Alliance course
“Conservation Easement Stewardship.”
Landowner Relations and Recordkeeping
Recordkeeping is a key part of maintaining good relations with your
landowners. Annual monitoring visits are not only a good time to
strengthen these relationships, they are also a good time to update
your records concerning the landowner’s contact information, changes
the landowner plans to make on the property, natural changes to the
land and other vital information necessary to monitor and enforce the
easement over time. Acquiring and maintaining records about a landowner’s
interests and land management needs often allow a land trust
to provide information and anticipate requests, both of which can go a
long way toward maintaining good relations with the landowner.
Eventually, the original easement grantor will transfer the property
to another owner. Therefore, it is critical that land trusts implement
Managing Conservation Easements in Perpetuity