my care2
make a difference

healthy & green living

more than 4,000 ways to enhance your life

customize your free newsletter

Customize your Healthy & Green Living newsletter now


Gaiam_pilates_160x133
hagl_da

How to Protect Your Neighborhood Land

posted by Annie B. Bond Jun 10, 2008 6:00 am
How to Protect Your Neighborhood Land
3 comments

Adapted from “What Is a Conservation Easement,” by Nancy Prosser.

Do you have open fields, a wildlife habitat, or a wetland, an especially scenic location or an historic building on your land that you want to protect? Or do you know of such places in your town?

If you do, you need to know about conservation easements. You can be a catalyst for conservation in your own community, and working to set up a conservation easement is a great project for the upcoming winter.

A conservation easement on a parcel of property will preserve it as a special place forever. A legally binding document, the restrictions on development contained in the agreement will remain no matter who owns the land in the future. Here are the steps:

I learned how to set up a conservation easement when a 26-acre farm in my town was at risk of being turned into a subdivision. If it were possible to restrict the possibility of a subdivisions and commercial use of these fields with easements, these 26 acres could be saved from development forever.

The definition of a conservation easement, by the Upper Valley Land Trust in New Hampshire, reads:

“A conservation easement is a legally enforceable agreement between the landowner and a governmental or private conservation organization wherein the landowner permanently separates certain ownership rights from a particular tract of land and the organization agrees to monitor the land for the purpose of insuring that the provisions of the agreement are honored. Most often the easements are donated, but in some instances they are bought for full or partial value.”

“Landowners grant conservation easements to protect their land from inappropriate development while retaining private ownership. A conservation easement assures the landowner that the resources values of his or her property will be protected forever, no matter who the future owners are.

“Any property of value for agriculture, forestry, recreation, water resources, wildlife habitat or for its scenic or historic qualities may be protected by means of a conservation easement.”

In addition to the long-range goal of preserving landing perpetuity, landowners can expect tax benefits as well. If the easement is a gift, it might qualify as a charitable deduction. If the easement qualifies for Current Use Assessment, the landowner’s property tax could be reduced. Land protected by a conservation easement may be sold or transferred, but the restrictions of the easement go with the transaction.

We needed to raise well over $100,000 and apply for extra large sums in grants from a state land protection agency in order to buy easements for this farmland. A private conservation council footed a tremendous fund drive. The town itself contributed funds from their land-protection fund, and many people from nearby towns who know the fields contributed to the funding of the easement as well. We succeeded! The town now owns the easements and will monitor the lands to ensure that there are no violations of the agreement, no matter who the owners may be in the future!

More on Community Service (11 articles available)
More from Annie B. Bond (3246 articles available)

3 comments

3 comments

add your comment »
3 Comments       add a comment »
Laura C.

Could this have helped us about a year ago?

The School District bought land (an old farm) and tore down most of the trees. They bough about 60 acres but it only takes 2 to build the school. My entire family and all of our friends were really made about it but it was sort of "a back room deal" and the guy made millions of dollars.

Anyway, I can't stand driving by this stupid school! I wish we could have saved the land and the habitat that is now ruined. They took out an entire stream and plowed down/over the horse pasture's fencing (the property next to it). It was a good thing all the horses were afraid of the noise or they could have just walked right onto the construction site. Those Jerks!

Janet T.

Easements are a great idea, but there are problems. It's very hard to find an easement steward for small parcels, and you need to provide long-term funding for maintenance and monitoring. Start by talking to a local land trust, as they will know your specific area.
Also, do NOT rely on a homeowners association to protect land. They are quasi-governments without government controls and many of them get away with negligence or damage. Avoid them at all costs.
Good luck!

Please enter your comment.
1500 characters remaining

who's talking about this story?

Reprinted by permission of the author.

Disclaimer: Care2.com does not warrant and shall have no liability for information provided in this newsletter or on Care2.com. Each individual person, fabric, or material may react differently to a particular suggested use. It is recommended that before you begin to use any formula, you read the directions carefully and test it first. Should you have any health care-related questions or concerns, please call or see your physician or other health care provider.

942

Gaiam_pilates_300x250
Get a Care2 Tee
Copyright © 2008 Care2.com, inc. and its licensors. All rights reserved