Managing Conservation Easements in Perpetuity - Environmental ...

Dutchess Land Conservancy: Conservation Easement Violation Response Procedure
Adopted by the Board of Directors: 12/13/02
Revised 12/28/06 changing Executive Director to President
DLC Conservation Easement Violation Response Procedure 12-13--02 – page 1 of 5
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Dutchess Land Conservancy, Inc.
CONSERVATION EASEMENT VIOLATION RESPONSE PROCEDURE
I. Easement Enforcement
The long-term effectiveness of conservation easements in protecting valuable lands
depends on the Conservancy’s ability to enforce the terms of the easements. Strong
enforcement builds public confidence in easements as a land protection tool. By swiftly
responding to violations, whether actual or potential, the Conservancy will preserve the
legal right to enforce the easements it holds. In order to accept tax-deductible gifts and
qualify for tax-exempt status, IRS regulations require that easement-accepting
organizations commit to upholding the terms of an easement and maintaining the
financial capability to enforce the restrictions. (See Treas. Reg. 1.170A-14(c)(1).)
The Conservancy realizes that each easement violation represents a unique situation
and requires a tailored approach. The following are guidelines to be used to help
assure that appropriate steps are taken to document and notify the property owner
about the violation, a well as consult with legal experts.
II. Overall Guidelines for Violation Response and Enforcement:
1. Maintain the conservation purpose of the Conservation Easement.
2. Maintain the Conservancy’s image both in its ability to achieve its mission overall
and in its ability to enforce specific Conservation Easements.
3. Protect the Conservancy’s legal rights and economic value in the Conservation
Easement.
4. Maintain the most constructive working relationship possible with the landowner.
5. No one person should make decisions on violation response – get counsel first.
Never give a landowner an on-the-spot opinion about whether or not a violation
exists.
6. Maintain professionalism and integrity.
7. Be flexible as the situation warrants. Balance the harm caused by the violation
with the cost/benefit of the selected enforcement response.
8. Use litigation as a last resort and when there is a good chance of success.
9. Maintain consistent responses to similar Conservation Easement violations.
III. Violation Prevention Strategies
1. Maintain good landowner relations. Make a point of getting the landowner
involved with the Conservancy.
2. Provide informal services to the landowner – advice on enhancing wildlife habitat,
good forestry practices, etc. Send them newsletters, outing information, and
event brochures, etc.
3. Provide an easement summary to landowners every three years as a reminder.
4. Staff to conduct annual monitoring. Send the landowner annual notification and
monitoring follow-up letters and, if applicable, a written monitoring report.
Managing Conservation Easements in Perpetuity