Managing Conservation Easements in Perpetuity - Environmental ...

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342 4. Can list four alternatives to litigation: 5. Can name three interpretation rules that may affect a court case: 6. Can describe three essential violation documentation procedures: 7. Can describe, in a general way, the link between easement drafting and easement monitoring and easement enforcement: Managing Conservation Easements in Perpetuity
8. Can identify four ways legal counsel can help with a violation: 9. Can name five costs a land trust might incur when enforcing a conservation easement: Guidance 1. A written violation resolution policy will: • Guide your land trust through potential and actual violations • Assist your land trust to fairly, conscientiously and effectively address, manage and resolve violations • Maintain your land trust’s credibility by having a consistent process for enforcing and defending conservation easements • Help your land trust assess the extent of potential or existing violations and respond in a manner consistent with the law, respectful of landowners and proportionate to the circumstances Violation Resolution and Easement Defense 343
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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.
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Consulting with State Officials The
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Conservation Easement Amendments Th
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Scenario 2: Excessive Stewardship O
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Scenario 3: Weighing Impacts to Con
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Scenario 2: Excessive Stewardship O
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Drafting Easements with Amendments
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Easement Amendment Provisions Part
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the protected property is located.
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ary, these less permanent approache
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Discretionary Waiver A discretionar
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Looking Ahead: The Future of Easeme
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Easement Amendments This exercise m
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• Not result in private inurement
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V. Amendment Procedures [page 186]
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Insert the date of the policy and t
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communicating a clear process in si
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• Applied its existing conflict o
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5. Can describe two ways that your
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Conclusion Although conservation ea
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considering an amendment and the po
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I. General Policy Statement GVLT: C
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cost agreement will be developed an
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VLT Amendment Principles and Consid
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Sample Language Permitting Amendmen
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hereby approved and will not be dee
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May 23, 2006 name address town re:
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If you have any questions, please c
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“Hicks v. Dowd: The End of Perpet
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Check Your Progress Before moving o
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256 • Describe the role of variou
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258 Adoption and implementation of
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260 the landowner on the land, you
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Adopting and implementing an easeme
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A violation resolution policy holds
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IRS Form 990 and Easement Violation
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268 WCLT learned that having a thou
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If you make public detailed violati
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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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Page 298 and 299: Third-party enforcer: A person or e
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Page 302 and 303: 300 like posture, you will be more
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Page 308 and 309: 306 a landowner is harvesting timbe
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Page 312 and 313: Your land trust’s legal rights ma
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Page 322 and 323: Waiver: The intentional or voluntar
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Page 332 and 333: T E M P L A T E You should refrain
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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
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Page 342 and 343: C A S E S T U D Y Guidance Vermont
Page 346 and 347: 344 2. Violation resolution princip
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Page 350 and 351: 348 Sample Documents The following
Page 352 and 353: Dutchess Land Conservancy: Conserva
Page 358 and 359: MALT: Easement Violation Policy 3.
Page 360 and 361: MCTGA: Procedure for Enforcement of
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Page 364 and 365: TRLT: Easement Enforcement Guidelin
Page 366 and 367: VLT: Easement Enforcement Flow Char
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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
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Page 378 and 379: 376 Guidebook for Directors of Nonp
Page 380 and 381: 378 Check Your Progress Before comp
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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
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Governance Mission, Planning and Ca
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