Protecting the Land: Conservation Easements Past Present and Future
<p>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...
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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 the property. This work examines land trusts and how they function and offers a look at the past and future of conservation easements. Includes case studies, guidelines, and appendices of documents, plus b&w photos. Gustanski is president and co-founder of 4Ever Land Conservation Associates. Squires is associate professor of geography at the University of Minnesota. Annotation c. Book News, Inc., Portland, OR
List of Figures, Photographs, and TablesForewordPrefaceAcknowledgmentsIntroduction1Ch. 1Protecting the Land: Conservation Easements, Voluntary Actions, and Private Lands9Ch. 2A Holistic Examination of the Law of Conservation Easements26Ch. 3An Obscure Tax Code Provision Takes Private Land Protection into the Twenty-First Century55Ch. 4Introduction to Legal Analysis69Ch. 5Conservation Easements in the First and Second Federal Circuits78Ch. 6Conservation Easements to Protect Historic Viewsheds: A Case Study of the Olana Viewshed in New York's Hudson River Valley102Ch. 7A Limited Development and Conservation Success Story117Ch. 8Conservation Easements in the Third Federal Circuit127Ch. 9Enforcement Problems with Successor Grantors157Ch. 10Saving Agricultural Land with Conservation Easements in Lancaster County, Pennsylvania166Ch. 11Conservation Easements in the Fourth Federal Circuit186Ch. 12Applicability of South Carolina's Conservation Easement Legislation to Implementation of Landscape Conservation in the ACE Basin209Ch. 13Use of Conservation Easements to Protect the Scenic and Natural Character of the Blue Ridge Parkway: A Case Study221Ch. 14Grannybelle Woods Conservation Easement230Ch. 15Conservation Easements in the Fifth and Eleventh Federal Circuits238Ch. 16Acacia Protecting Texas Hill Country252Ch. 17Conservation Easements in the Sixth Federal Circuit263Appendix 17Michigan's Model Conservation Easement275Ch. 18Mackinaw Headlands: A Model in Public - Private Partnerships287Ch. 19Conservation Easements in the Seventh and Eighth Federal Circuits292Case Study: The Iowa Natural Heritage Foundation and The Mississippi River Blufflands Alliance321Ch. 20A Farm and River Greenway on the St. Croix River: Standing Cedars Community Land Conservancy and Wisconsin Farmland Conservancy327Ch. 21Easements and Public Access on the Ice Age National Scenic Trail343Ch. 22Conservation Easements in the Ninth Federal Circuit354Ch. 23The Power of Conservation Easements: Protecting Agricultural Land in Montana392Ch. 24Saving Special Places: How a Land Trust Used Emerging Technology to Address Conservation Priorities400Ch. 25Neighborhood Conservation Easements at Entrance Mountain on Orcas Island in Washington State412Ch. 26Conservation Easements in the Tenth Federal Circuit423Ch. 27The Santa Fe Conservation Trust: Protecting Northern New Mexico's Complex Land Tenure Patterns443Ch. 28Land Trusts and Conservation Decision Making: The Integrated Land Conservation Decision-Support Model453Appendix 28APhase I: Focus Group Discussion Guidelines486Appendix 28BPhase II: Mail Survey: Public Attitudes Toward Land Use and Conservation487Appendix 28CPhase III: Expert Interview Questionnaire497Ch. 29Reflections on Patterns and Prospects of Conservation Easement Use498App. AThe Uniform Conservation Easement Act505App. BGrant of Conservation Easement and Declaration of Restrictive Covenants516App. CTable of Cases531Bibliography533About the Contributors539Index545
