Conservation Easements: Good idea? Bad idea? - Page 2 - Homesteading Today
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  #21  
Old 03/05/07, 07:59 PM
The Paw's Avatar  
Join Date: May 2006
Location: Manitoba, Canada
Posts: 1,110
Just a few points of clarification:

1. As ET1 points out, the purpose of the easement is to restrict development. In the case of urban sprawl, this increases the likelihood of the land being used for homesteading/agriculture, rather than reducing it. There would be very little farmland left in the New England countryside if there weren't active steps to preserve it. The Vermont Housing and Conservation Board is a good example of a state government coordinating a program with local non-profits to pursue multiple uses.

2. There are many variations of conservation easements tied to state sponsored tax breaks, and they vary from jurisdiction to jurisdiction. However, the easement itself is a legal right that is distinct from the government program, and it can be enforced independently of whether the state program continues to exist. It also depends on who holds the easement. In some cases it can be a local community organization or land trust, or it could be a national organization like the Sierra Club or Ducks Unlimited. So it is not really accurate to say the government can just change their mind. (however, I am from Canada and don't know much about the eminent domain issue that gets mentioned, and this may or may not influence the above).
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  #22  
Old 03/06/07, 04:15 AM
Humble Shepherd
 
Join Date: Sep 2006
Location: Northeast Ohio...60 minutes east of Cleveland
Posts: 323
I live on the banks of a small river. I set aside a 10 acre buffer along the river bank (300 feet from the river for the length of my property) It is in a "Wetlands Reserve Program. This "easement" prevents this land from ever being developed, (speciffically built on)

I worked out the details of what I'd be allowed to do on this land. We can hunt, trap, cut firewood, harvest mature trees, make maple syrup, maintain roads and culverts through it, walk on it and just plain enjoy it. I just can't build on it ... ever.

We do not have to allow public hunting or any acess other than to a yearly inspection by the soil and water folks. We recieved a lump sum payment which we applied to our mortgage. The easement is forever, so make sure it is what you want to do.

I went into this open minded, took an active role in defining what was allowed and am happy with the result. I am protecting the river from any farm runoff, providing wildlife habitat and greenspace here on my farm.

Again, this may not be for everybody, but it worked well for us. The river bottom land is marshy and not used for any type of farming since the late 50's when it was a very wet seasonal pasture. This is a much better use of this land. I am protecting it for my grandchildren's grandchildren....and then some.
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