Legal Aspects of Conservation Easements: A Primer for Transportation Agencies (2013) / Chapter Skim
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Pages 24-31
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24 Land trusts and other conservation professionals are often located in the communities where the land transaction will take place and typically are accessible and interested in projects that will facilitate their mission. Because the conservation easement creation process involves considerable interaction with landowners and unique issues may arise for each property, government agencies may prefer to contract with third-party organizations for transactional services.
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25 of the property, or with respect only to certain buildings, the legal description should be carefully drafted to that effect. This may include referencing and including as exhibits surveys performed specifically for delimiting the scope of the conservation easement.
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26 Example: Conservation Purpose Declaration ARTICLE II. CONSERVATION PURPOSE Pursuant to and in compliance with the requirements of Section 170(h)
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27 incorporated as an exhibit to the agreement would be helpful in clarifying such provisions. While the restrictions placed upon land by the conservation easement may be extensive, it is important to note that most easements contain a provision that any uses not specifically prohibited are allowable so long as they do not interfere with the conservation purpose.
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28 Example: Grantors' Rights of Enforcement B Upon any breach of a Provision of this Conservation Easement by Grantors, Grantees may institute suit to enjoin any such breach or enforce any Provision by temporary, ex parte and/or permanent injunction, either prohibitive or mandatory, including a temporary restraining order, whether by in rem, quasi in rem or in personam jurisdiction; and require that the Property be restored promptly to the condition required by this Conservation Easement at the expense of Grantors.
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29 Example: Specific Regulatory Purpose Language Maryland Environmental Trust, created pursuant to Subtitle 2 of Title 3 of the Natural Resources Article, Annotated Code of Maryland, is charitable in nature. It was established to conserve, improve, stimulate, and perpetuate the aesthetic, natural, health and welfare, scenic and cultural qualities of the environment, including, but not limited to, land, water, air, wildlife, scenic qualities, open spaces, buildings or any interest therein, and other appurtenances pertaining in any way to the State.
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30 13. Amendment.
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31 preferred parties are included in the drafting process and the ultimate agreement. As noted previously, the conservation easement process is a real property transaction governed by state laws.
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