Download or read book Use of Conservation Easements by Local Governments written by Jessica Owley and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter (which will be included in the forthcoming Greening Local Government book published by ABA Publishing and edited by Patty Salkin and Keith Hirokawa) briefly introduces conservation easements, explains how local governments can use them, and discusses the appropriate role and extent of their use. Conservation easements are nonpossessory interests in land restricting a landowner's activities in a way that yields a conservation benefit. Local governments have been on the cutting edge of using conservation easements, engaging with them on multiple fronts. First, local governments hold conservation easements. This enables local governments to enforce individual agreements and prevent landowners from engaging in environmentally destructive practices. Second, as landowners, local governments encumber public land with conservation easements - affirming their commitments to land conservation. Finally, local governments promote conservation easements. By passing laws supporting and funding conservation easements as well as requiring exacted conservation easements for land-use permits, local governments employ mechanisms that increase the number of conservation easements in their communities. Conservation easements can protect environmental amenities and deserve praise for their individual nature and ease of establishment. However, conservation easements are static agreements locking in today's land use preferences and understandings of the natural environment to the potential detriment of future generations with different goals or understandings of the natural world. Furthermore, although praised as an inexpensive method for governments to obtain land conservation, funding necessary for stewardship and enforcement could be significant. As development pressures and understandings of environmental degradation increase, the use of conservation easements by local governments is likely to continue to grow. Local governments should make use of this tool cautiously.

Download or read book A Changing Landscape written by Laurie Ristino and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

Download or read book Reinventing Conservation Easements written by Jeff Pidot and published by . This book was released on 2005 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: No recent happening in land conservation rivals the rapid expansion of conservation easements and the related growth in the number of land trusts over the past 15 years. Among the forces driving this phenomenon are tax and other public subsidies and the view that the conservation easement is a win-win strategy in land protection. The thesis of this policy focus report is that conservation easements are a valuable land protection tool, complementing regulation, land acquisition, and tax policies, but that reforms are needed in tax and other laws and conventions governing easements, lest we risk losing the public benefits for which the easements were established.

Download or read book A Tax Guide to Conservation Easements written by C. Timothy Lindstrom and published by Island Press. This book was released on 2012-09-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Voluntary land conservation, resulting from increasingly alluring tax benefits, has significantly changed the face of land use in the United States and promises to have an even more significant influence in the future. There are more than 1,500 land trusts in the U.S. today, involving millions of acres of land that have been permanently protected by conservation easements. Most of these land trusts depend heavily upon the significant income or estate tax benefits offered by the federal tax code as an incentive for voluntary land conservation. However, only a very small percentage of land trust personnel, landowners or their advisors, or even government officials, fully understand the complexity of the requirements for these tax benefits. This is a comprehensive book on the tax benefits of the charitable contribution, or bargain sale, of a conservation easement. It provides a detailed explanation of the complex and extensive requirements of the federal tax code and related concepts, including the rules governing the operation of tax-exempt organizations such as land trusts. Clearly written, systematic in its coverage, it is intended to be of value for anyone who deals with land trust issues, including land trust staff and trustees, landowners, lawyers, accountants, government officials, and interested lay people. Structured for easy reference, A Tax Guide to Conservation Easements is designed to be used as a resource tool. Related topics are cross-referenced throughout. All principles in the book are illustrated with one or more useful examples. The tax benefits of contributing a conservation easement are unquestionably the heart of voluntary land conservation today. Knowledge of the tax law relating to land trusts and conservation easements is vital to properly establishing and managing land trusts and to insuring the tax deductibility of conservation easements. The future of voluntary land conservation is dependent on a clear understanding of tax policy. Complete, meticulous, and up to date, A Tax Guide to Conservation Easements is an essential handbook.

Download or read book Protecting the Land written by Julie Ann Gustanski and published by . This book was released on 2000 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conservation easement is a legal agreement between a property owner and a conservation organization, generally a private nonprofit land trust, that restricts the type and amount of development that can be undertaken on that property. Conservation easements protect land for future generations while allowing owners to retain property rights, at the same time providing them with significant tax benefits. Conservation easements are among the fastest growing methods of land preservation in the United States today. Protecting the Land provides a thoughtful examination of land trusts and how they function, and a comprehensive look at the past and future of conservation easements. The book: provides a geographical and historical overview of the role of conservation easements analyzes relevant legislation and its role in achieving community conservation goals examines innovative ways in which conservation easements have been used around the country considers the links between social and economic values and land conservation Contributors, including noted tax attorney and land preservation expert Stephen Small, Colorado's leading land preservation attorney Bill Silberstein, and Maine Coast Heritage Trust's general counsel Karin Marchetti, describe and analyze the present status of easement law. Sharing their unique perspectives, experts including author and professor of geography Jack Wright, Dennis Collins of the Wildlands Conservancy, and Chuck Roe of the Conservation Trust of North Carolina offer case studies that demonstrate the flexibility and diversity of conservation easements. Protecting the Land offers a valuable overview of the history and use of conservation easements and the evolution of easement-enabling legislation for professionals and citizens working with local and national land trusts, legal advisors, planners, public officials, natural resource mangers, policymakers, and students of planning and conservation.

Download or read book Environmental Preservation and the Fifth Amendment written by Beckett Cantley and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successful preservation of environmentally and historically significant property requires the utilization of various innovative land conservation strategies. The government has three alternative land conservation strategies, including (1) using the police power to issue environmental and land use regulations; (2) the use of the eminent domain power over environmentally sensitive lands; and (3) the use of conservation easement programs. The government's use of its inherent police power to protect the health, safety, and welfare of its citizens extends to state and local governments the ability to use zoning and land-use regulations for environmental purposes. Typically, these regulations are used broadly as part of a comprehensive land use plan. The federal government has the power to make environmental laws based on its constitutional powers over commerce and treaty making. However, land use and environmental regulations are often politically difficult since such regulations interfere directly with a private landowners' use of his or her property. Land use and environmental regulations also have the potential to rise to the level of a Fifth Amendment regulatory taking, requiring the payment of just compensation for the loss of property rights by the government to the property owner. Federal, state, and/or local governments may use eminent domain to acquire fee simple title to lands it seeks to preserve. However, the government's use of the eminent domain power may be expensive relative to other alternatives, since just compensation for the land may be high and the eminent domain process may result in long and expensive litigation. Inadequate public funding for acquisitions and political unpopularity also may limit the use of eminent domain. Conservation easements often represent a more politically palatable alternative for land preservation. Despite the inherent incentive problems associated with conservation easement donations, the use of easements as a land conservation method is increasing at an incredible rate - mostly due to the Federal and state tax benefits associated with the donation of conservation easements. Landowners are typically motivated to donate conservation easements by the landowners' desire to forever preserve the character of the land and to receive tax breaks in the forms of state tax credits and/or federal deductions for “qualified conservation contributions”. While most currently created conservation easements are donated, many land trusts and governmental entities are also in the business of purchasing them. Conservation easements may also be created by the use of eminent domain, or by way of exaction. “Exacted” conservation easements generally arise where the government requires that a landowner donate a conservation easement in exchange for the government approving a permit or zoning variance application. While donations and sales of conservation easements are likely to avoid the requirement that the government pay the property holder just compensation, such compensation may need to be paid where the landowner brings an action for inverse condemnation following the creation of an exacted conservation easement. The use of conservation easements can raise constitutional issues where the government seeks to create the easement by way of regulation or exaction. In this article, the author: (1) provides an overview of the different systems of land control; (2) analyzes the ability of a landowner to argue that a regulatory taking has occurred where government land use and/or environmental regulations have greatly diminished the property's value; (3) specifically discusses the landowner's ability to grant or sell a conservation easement as a potential source of value to the landowner that could negate the finding of a sufficient diminution in value necessary to be considered a compensable Fifth Amendment taking; (4) addresses the government's ability to garner a conservation easement through the exercise of its powers of eminent domain; (5) discusses regulatory takings issues specific to conservation easements acquired by exaction and failed government attempts to acquire such conservation easements; and (6) discusses the question of whether the government may exercise its powers of eminent domain to condemn a pre-existing conservation easement held by another government entity.

Download or read book The Conservation Program Handbook written by Sandra Tassel and published by Island Press. This book was released on 2012-09-26 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1996 and 2007, voters approved almost $24 billion for local government park, open space, and other conservation purposes. Despite this substantial sum for land protection, there was at that time no book available to guide officials as they implemented voters’ mandates. The Conservation Program Handbook was written in response to numerous requests to The Trust for Public Land for exactly this type of guidance from community leaders who wanted to know how to effectively conserve their iconic landscapes. In addition, in November 2008, despite massive doses of terrible financial news, voters across the U.S. approved land conservation funding measures. It was a record-breaking year for land protection financing, with voters demonstrating substantial support for open space ballot measures despite the economic and fiscal crisis of the time. The Conservation Program Handbook is a manual that provides all of the information—on a broad spectrum of topics—that conservation professionals are likely to encounter. It compiles and distills advice from professionals based on successful conservation efforts across the country, including a list of “best practices” for the most critical issues conservationists can expect to face. By providing information on how to do conservation work in the best possible manner, The Conservation Program Handbook has the goal of increasing the amount, quality, and pace of conservation being achieved by local governments throughout the nation.

Download or read book Conservation Covenants written by Great Britain. Law Commission and published by Stationery Office/Tso. This book was released on 2014 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report, the Law Commission make recommendations for the introduction of a new statutory scheme of conservation covenants in England and Wales. The recommendations to introduce such a scheme would create a new legal tool, enabling landowners to protect land in order to conserve and restore our natural and built environment. Conservation covenants would allow landowners voluntarily to create binding obligations on their own land to meet a conservation objective, such as preserving woodland, cultivating a particular species of plant or protecting a habitat for an animal, or farming land in a certain way. The proposed statutory scheme would give individual landowners the opportunity, using private agreements, to contribute to conservation efforts being made across England and Wales. The scheme will create a versatile, simple and cost-effective legal tool capable of: unlocking currently missed conservation opportunities by overcoming the legal difficulties faced when creating binding obligations; facilitating better ways to deliver existing conservation objectives; and providing assurance of long-term conservation benefits. The report includes a draft Conservation Covenants Bill, which would introduce the conservation covenant scheme into the law of England and Wales.

Download or read book Conservation Easements written by and published by . This book was released on 1996 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Conservation Easement Stewardship written by Renee Bouplon and published by . This book was released on 2008 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Entrenching Environmentalism written by Christopher Serkin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This piece for the University of Chicago Law Review Symposium: Reassessing the State and Local Government Toolkit, examines how local governments can use private law mechanisms to entrench policy in ways that circumvent typical legal limitations. The piece examines in detail a specific example of a town donating conservation easements over property it owns to a third-party not-for-profit conservation organization in order ensure that the property would not be developed in the future. This is nearly the functional equivalent of passing an unrepealable zoning ordinance restricting development, something existing anti-entrenchment rules would never permit. The piece examines the costs and benefits of using such a device. It theorizes generally about the nature of entrenchment outside of public law, and identifies anti-entrenchment protections designed to prevent the worst abuses. It ultimately argues that eminent domain serves an important role in allowing subsequent governments to escape the precommitments of prior governments and proposes a modest modification in compensation rules to limit the extent to which conservation easements can entrench an anti-development agenda.

Download or read book Review of the New York City Watershed Protection Program written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2020-12-04 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York City's municipal water supply system provides about 1 billion gallons of drinking water a day to over 8.5 million people in New York City and about 1 million people living in nearby Westchester, Putnam, Ulster, and Orange counties. The combined water supply system includes 19 reservoirs and three controlled lakes with a total storage capacity of approximately 580 billion gallons. The city's Watershed Protection Program is intended to maintain and enhance the high quality of these surface water sources. Review of the New York City Watershed Protection Program assesses the efficacy and future of New York City's watershed management activities. The report identifies program areas that may require future change or action, including continued efforts to address turbidity and responding to changes in reservoir water quality as a result of climate change.

Download or read book Property Rights and Land Policies written by Gregory K. Ingram and published by Lincoln Inst of Land Policy. This book was released on 2009 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Trust in the Land written by Beth Rose Middleton Manning and published by University of Arizona Press. This book was released on 2011-02-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: “The Earth says, God has placed me here. The Earth says that God tells me to take care of the Indians on this earth; the Earth says to the Indians that stop on the Earth, feed them right. . . . God says feed the Indians upon the earth.” —Cayuse Chief Young Chief, Walla Walla Council of 1855 America has always been Indian land. Historically and culturally, Native Americans have had a strong appreciation for the land and what it offers. After continually struggling to hold on to their land and losing millions of acres, Native Americans still have a strong and ongoing relationship to their homelands. The land holds spiritual value and offers a way of life through fishing, farming, and hunting. It remains essential—not only for subsistence but also for cultural continuity—that Native Americans regain rights to land they were promised. Beth Rose Middleton examines new and innovative ideas concerning Native land conservancies, providing advice on land trusts, collaborations, and conservation groups. Increasingly, tribes are working to protect their access to culturally important lands by collaborating with Native and non- Native conservation movements. By using private conservation partnerships to reacquire lost land, tribes can ensure the health and sustainability of vital natural resources. In particular, tribal governments are using conservation easements and land trusts to reclaim rights to lost acreage. Through the use of these and other private conservation tools, tribes are able to protect or in some cases buy back the land that was never sold but rather was taken from them. Trust in the Land sets into motion a new wave of ideas concerning land conservation. This informative book will appeal to Native and non-Native individuals and organizations interested in protecting the land as well as environmentalists and government agencies.

Download or read book Watershed Management for Potable Water Supply written by National Research Council and published by National Academies Press. This book was released on 2000-02-17 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1997, New York City adopted a mammoth watershed agreement to protect its drinking water and avoid filtration of its large upstate surface water supply. Shortly thereafter, the NRC began an analysis of the agreement's scientific validity. The resulting book finds New York City's watershed agreement to be a good template for proactive watershed management that, if properly implemented, will maintain high water quality. However, it cautions that the agreement is not a guarantee of permanent filtration avoidance because of changing regulations, uncertainties regarding pollution sources, advances in treatment technologies, and natural variations in watershed conditions. The book recommends that New York City place its highest priority on pathogenic microorganisms in the watershed and direct its resources toward improving methods for detecting pathogens, understanding pathogen transport and fate, and demonstrating that best management practices will remove pathogens. Other recommendations, which are broadly applicable to surface water supplies across the country, target buffer zones, stormwater management, water quality monitoring, and effluent trading.

Download or read book Challenge of the Land written by Charles E. Little and published by Elsevier. This book was released on 2013-10-22 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenge of the Land: Open Space Preservation at the Local Level deals with the challenge of the land at the municipal level and how it can be addressed using proven techniques of open space preservation. Focusing primarily on the New York metropolitan region, this book describes actions that a municipal government can take to help control rampant urbanization and discusses the benefits of open space preservation. This book is comprised of eight chapters and opens with an overview of how municipal officials and civic leaders have had to come to grips with urbanization throughout the United States. The economic implications of population growth and the function of suburbia are considered. The next chapter outlines the benefits of open space preservation, including the establishment of recreational opportunity; the establishment of attractive community design and a visually pleasant landscape; and the maintenance of natural processes (that is, conservation). The following chapters explore the reconciliation of subdivision and open space; the use of basic acquisition techniques having to do with purchase, green space development, and the donation of land in fee or easement; and the approaches used by municipalities to preserve open space. The economic consequences of preserved open space are also considered, along with how the municipal government copes with the increasing forces of urbanization. This monograph will be a useful resource for everyone in or out of government, including county and municipal officials, as well as civic leaders concerned with the use of open spaces.

Download or read book Conservation Easements and Other Land Protection Techniques written by Douglas P.. HIll and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: