Complete Report - Yale University

More documents

Recommendations

Info

82OPTIMIZING PRIVATE LAND CONSERVATION AND PUBLIC LAND USE PLANNING⁄REQUISITIONNational Land Conservation Conference, The LTA’s Learning Center, the Standardsand Practices Curriculum, and the Land Trust Accreditation Commission, anindependent program of the LTA. Finding that the best way to avoid legal challengesis to prevent them, the Alliance’s training courses are building the knowledge of landtrust practitioners, helping them draft strong legal documents and implement soundeasement stewardship. The LTA also established the Conservation Defense Fund, foruse by the Alliance to intervene in certain cases, usually by filing a friend of the courtbrief. See www.landtrustalliance.org.While land trusts are attempting to understand and recognize the importance ofpermanence through certification and other measures, the permanence fight willlikely play out in courts. In Wyoming, the case of Hicks v. Dowd gained nationalattention by being the first reported case where the termination of a conservationeasement was upheld, albeit on procedural grounds. In a later related case, Salzburgv. Dowd, the court held that the termination of the conservation easement had nolegal effect, recognizing that conservation easements can be created, modified, orterminated in the same manner as other easements and that the Treasury Regulationscontinue to provide severe penalties to land trusts and landowners who improperlyamend or terminate conservation easements. This holding was a reminder to landtrusts to take conservation easements seriously and to draft them with diligence andcare to defend future challenges (Lindstrom, 2010).Discussion Questions●If there is a question about the permanence of any form of landconservation, should the conversation focus around using the lack ofpermanence to the advantage of land conservation, rather than why any oneland conservation strategy is or is not less permanent than another?●●●●How can a conservation organization or government body determine whenthe permanence of a conservation strategy is a priority at a given property?How much of a threat is permanence to current IRS policies? Do the policiesof the IRS contradict the nature of conservation and changes to theenvironment? Are not changes to the environment inevitable?What other innovative strategies or techniques are there to addresspermanence while maintaining land conservation and protection?How can the regulatory process be improved to resist shorter-term pressureto protect private property rights and values? How can we resist the shortertermpolitical pressures to preserve only the land’s financial value?Organizations Doing Interesting WorkThe Land Trust Alliance – In response to recent criticism towards the permanence ofconservation easements, the Land Trust Alliance is very active in providing resourcesand support for developing conservation easements that are both amendable andpermanent. For more information visit http://www.landtrustalliance.org.yale school of forestry & environmental studies
SECTION 583Defense of Place – Defense of Place focuses on upholding the permanence ofconservation easements and land donated for purposes of conservation by providingstrategic advice, public relations, technical information, and legal assistance to landtrusts, land owners, and conservation organizations. For more information visithttp://www.defenseofplace.org.Conservation Law, PC – Conservation Law, PC is a law firm founded by Jessica Jay,attorney and adjunct professor of law at the Vermont Law School and the Universityof Denver’s Sturm College of Law. Conservation Law focuses on protecting workinglandscapes and environmentally significant lands in Colorado and the RockyMountain West, and ensuring the permanence and perpetual nature of landconservation, by partnering with land trusts, government entities, and landowners.For more information visit http://www.conservationlaw.org.Works CitedBray, Z. (2010). Reconciling Development and Natural Beauty: The Promise andDilemma of Conservation Easements. Harvard Environmental Law Review, 34, 119-174.Echeverria, J. (2005). Regulating Versus Paying Land Owners to Protect theEnvironment. Journal of Land, Resources, and Environmental Law, 26, 1-46.Echeverria, J., and Pidot, J. (2009). Drawing the Line: Striking a Principled BalanceBetween Regulating and Paying to Protect the Land. Environmental Law Reporter,39, 10868-10880.Harding, S. (2009). Perpetual Property. Florida Law Review, 61, 285-327.Land Trust Alliance (LTA). (2007). Amending Conservation Easements: EvolvingPractices and Legal Principles. Washington, D.C.Lindstrom, C.T. (2010). Salzburg v. Dowd Settles. Wyoming Lawyer, 33, 50.McLaughlin, N., and Machlis, M. B. (2008). The Public Interest and Investment inConservation: A Response to Professor Korngold’s Critique of ConservationEasements. Utah Law Review, 4, 1561-1594.Sussman, E., Major, D. C., Deming, R., Esterman, P. R., Fadil, A., Fisher, A., and Smith,J. (2010). Climate Change Adaptation: Fostering Progress Through Law andRegulation. New York University Environmental Law Journal, 18, 55-154.Thompson, Jr., B. H. (2004). The Trouble with Time: Influencing the ConservationChoices of Future Generations. Natural Resources Journal, 44, 601-620.Vinson, A. (2007). Re-Allocating the Conservation Landscape: ConservationEasements and Regulation Working in Concert. Fordham Environmental LawReview, 18, 273-279.yale school of forestry & environmental studies
Page 1 and 2:
yale program on strategies for the
Page 3:
Optimizing Private LandConservation
Page 7 and 8:
INTRODUCTION1IntroductionThe tradit
Page 9 and 10:
WORKSHOP SUMMARY3Optimizing Private
Page 11 and 12:
WORKSHOP SUMMARY5●Land trusts are
Page 13 and 14:
WORKSHOP SUMMARY7Promoting conserva
Page 15 and 16:
WORKSHOP SUMMARY9●●Build divers
Page 17 and 18:
WORKSHOP SUMMARY11●●●Looking
Page 19 and 20:
SECTION 113Section 1: Importance of
Page 21 and 22:
SECTION 115needs of the federal lan
Page 23 and 24:
SECTION 117Yet, to date, there has
Page 25 and 26:
SECTION 119to shape land use planni
Page 27 and 28:
SECTION 121Western Lands and Commun
Page 29:
SECTION 123●●●●●●●If
Page 32 and 33:
26OPTIMIZING PRIVATE LAND CONSERVAT
Page 34 and 35:
Page 36 and 37:
Page 38 and 39: 32OPTIMIZING PRIVATE LAND CONSERVAT
Page 45 and 46: SECTION 339Section 3: Intersections
Page 47 and 48: SECTION 341●Once the ballot is pa
Page 49 and 50: SECTION 343variety of views and to
Page 51 and 52: SECTION 345●●●●Eliciting an
Page 53 and 54: SECTION 347Source: Moore, Christoph
Page 55 and 56: SECTION 349Organizations Doing Inte
Page 57 and 58: SECTION 351Conference Proceedings.
Page 59: SECTION 353●●●●The “New U
Page 93 and 94: SECTION 687Section 6: Costs and Tim
Page 95 and 96: SECTION 689●●●●Whether the
Page 97 and 98: SECTION 691for towns or townships m
Page 99 and 100: SECTION 693surveyor, for example, w
Page 101 and 102: SECTION 695Reducing CostsWhile land
Page 103 and 104: SECTION 697Morrow, D. (2010). Doing
Page 105: SECTION 699●Land trusts will need
Page 108 and 109: 102OPTIMIZING PRIVATE LAND CONSERVA
Page 115: SECTION 1109Biosketches of AuthorsB
Page 118: Yale School of Forestry& Environmen
show all

Complete Report - Yale University

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?