Talk:Conservation easement
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ownership
[edit]Does the original owner still own the property? 12.175.126.229 14:36, 23 August 2007 (UTC)
- Yes. Now so noted in article. --Una Smith (talk) 20:26, 8 July 2008 (UTC)
Private easement.
[edit]It is an interest in real property established by agreement between a landowner and land trust or unit of government.
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[edit]I have a concern about this. I am trying to recall the subject.
There is a way a landowner can, by himself, prohibit development of his property without involving any other organization other than local government.
I had hoped to find a discussion of it here. Seems not.
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[edit]This article is terrible misinformation unless material such as found in the link below is included.
www.wcglaw.net/docs/1092085362_Zoning&Deed-Restrictions.PDF — Preceding unsigned comment added by 98.125.7.132 (talk) 15:46, 24 February 2014 (UTC)
Where should we include information about active conservation easements?
[edit]The EPA, other agencies, and land trusts have information on the location and terms of conservation easements. This seems like valuable public knowledge because this land can not be used for development or construction. After reading Wikipedia and Wikidata notability guidelines, it seems like both of those projects could include geoshapes and descriptions of individual conservation easements. Does anyone have any suggestions or thoughts on how to go about adding it? I could work with a regional EPA office to publish this information and then cite that in articles on Wikipedia. Milimetric (talk) 01:14, 31 March 2017 (UTC)
- USDA-NRCS easement boundaries can be found here: https://nrcsgeoservices.sc.egov.usda.gov/arcgis/rest/services/easements/easements/MapServer
- This source does not display the easement life (some are permanent, some are not). Easements managed by trusts/private organizations would probably be difficult to obtain and keep updated. Easement restrictions are attached to the property deed, so potential landowners, or their lawyers, should spot that prior to purchase. I don't think it would be a good idea to try and contain easement data within Wikipedia, as it needs to be managed regularly. Jgreenenvi (talk) 15:25, 19 February 2023 (UTC)
Local "conservation" zoning and "conservation easement"
[edit]Here is how a local government entity (town) can declare part of your property for "conservation", with no notice, no tax benefit of any kind including property tax reduction to the owner; restrict your use and require you to purchase permits to do anything with that land; while neglecting to take any responsibility for flooding and erosion due to overdevelopment upstream, swamp conditions and spread of mosquito and tick borne disease, dumping by neighbors, etc.
http://perinton-ny.elaws.us/code/coor_ptii_ch208_artviii
There is no mention in the article of local zoning like this.
--Whiterosesinbloom (talk) 14:52, 6 January 2022 (UTC)
- This sounds like more of an eminent domain or zoning topic. Conservation easements are voluntary programs that add deed restrictions to some portion of a property, typically for a specific resource concern. They do not affect zoning, and may be permanent or time-limited. There is often some form of compensation through direct payment to the landowner or funding of restoration activities when applicable. Easements generally have no jurisdiction outside of the defined easement boundary. Permits would be related to other legal regulations, not the easement. Use authorizations may be issued to landowners to perform activities otherwise not allowed following review by the easement manager to ensure compatibility with the purpose of the easement. Below are a few quick resources/examples.
- https://www.epa.gov/system/files/documents/2021-11/bmp-conservation-easements.pdf
- https://www.nrcs.usda.gov/programs-initiatives/acep-agricultural-conservation-easement-program
- https://www.ducks.org/conservation/land-protection/ducks-unlimiteds-conservation-easement-program Jgreenenvi (talk) 15:18, 19 February 2023 (UTC)
External links modified
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False information
[edit]This article contains false statements, most notably "The restrictions of the easement, once set in place, are however perpetual (and potentially reduce the market value of the remaining ownership interest in the property)." Easements are not always perpetual. They are restrictions on the deed, so transferred in sale of the property, but may expire after some time (ex. Wetland Reserve Program easements may be a 30 year agreement. The article also states that the easement owner does not have a right to use of the property. An easement is, in fact, a purchase of property use rights in itself, as specified in the agreement (see https://www.law.cornell.edu/wex/easement).
I am noting this here, without edits, because I am working through the Wikipedia training on proper editing. Need also sources for citation. Jgreenenvi (talk) 15:43, 19 February 2023 (UTC)