| If
Conservation easements are so great, why is there such a need for
easement defense funds. http://paragonpowerhouse.org/if_conservation_easements_are_so.htm From a land trust list server. The Bay Area Open Space Council and the Land Trust Alliance have a project underway to explore a wide range of alternatives for creating collective easement defense funds. The project began this past fall and the final report will be completed by the end of the year. The alternatives are being examined at a regional, state and national level. The alternatives include a variety of insurance vehicles, self-insurance, partnering with other land trusts, attorney general resources and others. I will be holding workshops at most of the regional land trust conferences around the country in the coming months to explore land trusts' needs, preferences, and responses to different types of arrangements. Please contact me if you would like more information or have ideas you want to suggest. Darla Guenzler, Associate Director Bay Area Open Space Council dlg@conL.net ------------------------------------------------------------------------------ -- From Jay Zane Walley's article on Conservation easements. The complete article is available on the NM Cattle Growers Web Site. http://www.nmagriculture.org/Conservationeasmentsfrms.htm 5) The Grantee (The Nature Conservancy) has the right to enter upon the property at reasonable times (not defined) in order to monitor property owner (whose status is now that of a tenant) compliance with and otherwise enforce the terms of this easement. (This gives The Nature Conservancy absolute authority over the property and the tenant.) 6) If The Nature Conservancy determines that the property owner (now tenant) is in violation of the terms of the easement, The Nature Conservancy can demand corrective action sufficient to cure the violation. If the violation has caused injury to the property, the property owner (tenant) will be responsible for all cost to restore the property to condition desired by The Nature Conservancy. If property owner (tenant) fails to take corrective action within a short time frame, appropriate legal action will be initiated. 7) All legal cost incurred by The Nature Conservancy in enforcing the terms of the conservation easement including, without limitation, costs of suit and attorneys' fees and any cost of restoration of the property will be borne by the owner (tenant). |