Legal Aspects of Conservation Easements: A Primer for Transportation Agencies (2013) / Chapter Skim
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Pages 19-23
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From page 19... ...
19 easement is a contract and the parties may negotiate and agree to specific terms, including how proceeds will flow when the easement (or a portion thereof) is taken, sold, or otherwise conveyed and compensation is received.
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20 servation easement, i.e., environmental mitigation or beautification and the legal requirements of each. In addition to informing the language and mechanics of the easement document, the purpose of the easement will determine the type of appropriate holder, the level of access needed, and even the type of land to be protected.
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21 meeting will have successfully shaped general expectations and fostered an understanding of the conservation easement process. It is important to realize that, as with any negotiation, the conservation easement process may take many twists and turns.
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22 and the landowner is seeking tax benefits, IRS regulations require appraisals and place conditions on how they must be conducted. Appraisals are useful in determining the appropriate sales price in a purchase/sale transaction.
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From page 23... ...
23 easement acquisition, monitoring, and maintenance directly to the land trust. The source of the funding may require specific easement terms as well as management conditions that should be considered throughout the acquisition and drafting process.
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