Managing Conservation Easements in Perpetuity - Environmental ...

Dutchess Land Conservancy: Conservation Easement Violation Response Procedure
5. Ensure that we are informed when properties change hands.
Make sure local realtors know about Conservation Easement properties.
Check real estate transactions town by town on a monthly basis.
Remind landowners to check the Conservation Easement before altering
the property in any way.
Ask landowners to notify the Conservancy if they are planning to sell their
land.
6. Provide a “new owner introductory package” to ensure that new owners
understand the Conservancy’s mission, the Conservation Easement for their
property, and the concept and purpose of Conservation Easements in general.
7. Maintain good relations with the local officials. Make sure that local building
officials, town planning boards and conservation commissions are aware of
properties with Conservation Easements.
8. Work to ensure tighter drafting of Conservation Easements.
IV. Steps to Take in the Event of a Violation:
Violations may be discovered in any number of ways: through annual monitoring
inspection, as reported by neighbors, easement donors, new property owners,
passersby, or Board or Advisory Committee members.
If an easement violation is suspected, the President and/or stewardship staff should:
1. Review the Easement Terms. Review the easement document, baseline
inventory, and monitoring reports to determine the exact nature of the suspected
violation and when it took place. The President should carefully review the
easement history to determine the original intent of the donor and the Conservancy,
and refer to the Board minutes when the easement was approved. The President
should also request an interpretation of the easement by legal counsel.
2. Document the Suspected Violation. Visit the site to inspect and document the
suspected violation. The violation must be described in detail including material
impact, location and extent. Photos keyed to a photo map should be taken, signed
and dated by the photographer. Quantitative measurements of the violation should
be noted as appropriate, e.g. area of impact, number of trees damaged. Field notes
should be signed and dated by the person conducting the inspection.
3. Contact the Landowner. Meet with the landowner in person if possible to
discuss the suspected violation. Violations can be caused unintentionally. Listen to
the landowner, ask questions, take notes, and ask them to cease any further work
until the matter can be reviewed by the Conservancy’s Board Chairman and the
Executive Committee. Document all meetings and write a follow-up letter (send
certified – return receipt requested) to the landowner confirming any on site
discussion.
4. Hold a Meeting with the Board Chairman/Executive Committee. Review the
suspected violation, easement interpretation and discussion with the landowner
with the Board Chairman/Executive Committee.
DLC Conservation Easement Violation Response Procedure 12-13--02 – page 2 of 5
Violation Resolution and Easement Defense 351