Managing Conservation Easements in Perpetuity - Environmental ...

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6. Essential violation documentation procedures include:
• Locating the possible violation and identifying it on a map
• Taking photos, measurements and samples as necessary to
document the violation
• Asking the landowner what he or she knows about the
activity
• Considering whether an expert is necessary for additional
documentation
7. The conservation easement must be drafted to clearly identify
the land’s conservation values, the conservation purposes
of the easement and any restrictions on use in a manner that
permits land trust personnel, whether staff or volunteer, to
easily monitor the easement and the landowner to understand
its terms. Restrictions must be clearly described and tied to
the conservation values and purposes so that a violation can
be detected and resolved.
8. Legal counsel can:
• Help a land trust understand conservation easement terms
• Help a land trust understand any weaknesses of its position
• Propose alternatives for resolution of the violation with the
landowner
• Advise what a court might think of each alternative and of
the interpretation of the easement
• Determine measured and appropriate responses
• Advise the land trust on the likelihood of the possible violation
erupting into judicial action
9. Typical costs include:
• Equipment
• Time
• Travel
• Legal fees
• Staff or volunteer costs
• Extraordinary costs (experts, payments to remove
violations)
• Litigation or mediation costs
Managing Conservation Easements in Perpetuity