Managing Conservation Easements in Perpetuity - Environmental ...

V. Documenting the Violation [page 278]
A thorough and accurate record of the violation is essential. This section addresses
the procedures for documenting a suspected violation and should be developed in
consultation with legal counsel. Consider the following:
1. What level of documentation is appropriate for each level of severity?
2. When will a site visit be required?
3. What kind of documentation will be collected and how will it be
maintained?
Sample Language
The [land trust] shall document the violation using appropriate available technolo-
gies. Documentation shall continue throughout the violation process until the violation
is resolved voluntarily or through judicial enforcement and after the violation until the
agreed upon or judicially imposed resolution is fully and satisfactorily completed, a posi-
tive relationship with the landowner exists and any community outreach is concluded.
Insert a description of your documentation procedures here.
VI. Addressing the Violation [page 284]
This section includes the details of how your land trust will respond to the violation.
Consider the following questions:
1. How will the land trust communicate with the landowner?
2. How will the land trust proceed if the landowner disputes the violation?
3. How will the land trust proceed if the violation was caused by a thirdparty
trespasser or neighbor?
4. When will the land trust seek an injunction?
5. What steps should be taken to ensure that any damage to the easement
property has been remediated?
6. Who will be responsible for responding to media inquiries or inquiries
from the community about the violation?
Sample Language
As part of the response to the major/moderate/minor/technical violation, the [land trust]
shall communicate with the landowner in the following manner to pursue the following
response, which response includes/does not include inspection of the property to document
resource damage if any and to document any agreed upon or imposed site restoration or
Violation Resolution and Easement Defense 335
T E M P L A T E