Q. How does it work?
A. Conservation easements remove or modify one or more of the usual rights of land ownership. The restriction remains valid with any future transfer of title. The rights that are removed are given to some entity that continues to hold them even after title changes hands and assures that those protections are maintained.
Q. What do people use conservation easements to accomplish?
A. Typically this is done either to bolster a conservation oriented value or to prevent an abuse.
Conservation easements (ce's) have been used to: protect wet lands, prevent clear cutting , mandate sustained yield timber harvest, preserve wildlife habitat, prevent sub-division, affect water rights, require organic or least toxic agricultural practices, allow public access to natural or historic features and to mandate ecologically sound mineral extraction processes. This is by no means a complete list of the protections offered by ce's.
Q. Does a ce affect your mortgage?
A. Ce's do not affect any current financial agreements that involve the land ownership.
Ce's are an excellent way to protect land whose title is not clear of debt
In that it can be done by agreement of financial stakeholders. It does not remove the land from the speculative land market so is less threatening to financial institutions. Some ce's lessen the value of the land as a commodity if the rights tied up are seen as removing significant financially rewarding possibilities.
Q. Does ACT currently accept ce's?
A. ACT has not accepted ce's up to now. We believe that it is not wise to accept ce's for future oversight without an adequate endowment base.
Other small, trusting organizations have reported spending much time and money in dealing with neglect or legal challenges to the ce's.
Q. Does ACT plan to accept ce's eventually?
A. ACT plans to eventually have a self-sustaining financial base of endowment income and lease fees to support a staff that could deal with the problems relating to oversight of ce's.
Q. How can I get a ce on my land now?
A. Landowners desiring an immediate ce may contact the Land Trust Alliance to obtain a list of organizations currently accepting ce's.
Land Trust Alliance
1319 'F' St., NW, Suite 501
Washington, D.C. 20004
Phone 202-638-4725
