Learn More About Land Conservation

(Page 3 of 3)

July 3, 2008
By Katherine Loeck 
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What are the short-term costs?

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Short-term costs for the landowner include attorney and financial advisor fees. Again, it’s difficult to estimate.

About how much does an easement lower the property’s market value?

In general, the less restrictive the conservation easement is, the lower the value of the easement. So it really depends on the terms of the conservation easement and how developable the property is to begin with. In terms of resale value of the property itself, over time that often is not an issue.

According to the Land Trust Alliance, more than 1,700 land trusts are already established, serving every state. Are they fairly accessible to anyone who is interested in conserving land?

Yes, absolutely!

How does a land trust ensure the easement’s restrictions are upheld after a landowner’s death? Are there exceptions that can break an agreement’s permanency?

The land trust’s role is to ensure that easement-protected property remains protected. In general, land trusts do this by monitoring the property once a year, either through a visual inspection on the ground or by flying over it by plane, depending on the size of the property. And by keeping good relationships with the landowner, making sure that they understand the easement’s terms, what they can and cannot do, and then building those relationships with new landowners, the next generation landowners who own the property after the original grantor of the conservation easement is no longer the owner. Land trusts also are responsible, then, if there is an issue, for working with the landowner to resolve any problems and defending the terms of the conservation easement forever.

When there are problems, a land trust’s first recourse is usually to try to work out a solution with the landowner. But ultimately the land trust’s duty is to defend the easement and its terms, even if it means going to court.

For more expert insight, see Expert Advice on Land Conservation.

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