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From page 3... ... 3 LEGAL ASPECTS OF CONSERVATION EASEMENTS: A PRIMER FOR TRANSPORTATION AGENCIES By Tyson Smith, Esq., AICP, White & Smith, LLC; Tara D Allden, Esq.; and Ross Appel, Esq. Read the entire page →
From page 4... ... 4 Ridge and Natchez Trace Parkways.4 Building on this precedent, Wisconsin began protecting its parks with conservation easements in the 1950s. Notwithstanding the example of these early innovators, conservation easements were not common in the first 7 decades of their existence. Read the entire page →
From page 5... ... 5 Some states require perpetual easements,13 whereas others may limit the duration.14 The UCEA defines the "holder" of the conservation easement -- the individual or entity holding the right to enforce the easement's terms -- to include federal, state, and local governmental entities, as well as private environmental or charitable organizations, such as land trusts.15 The conservation easement may identify more than one party that will serve as the holder and divide the holder's responsibilities and obligations between these parties. For example, a local government may want to be a holder for purposes of enforcing the easement but may want another entity to provide onsite monitoring services. Read the entire page →
From page 6... ... 6 mental Conservation for inclusion in the statewide registry.25 Transportation agencies benefit from early notice of the existence of conservation easements within a project area and should be familiar with the processes and places for documenting conservation easements. Effect on Existing Interests. -- Finally, the UCEA provides that "[a] Read the entire page →
From page 7... ... 7 eminent domain.36 When the government exercises its power to acquire land for a public purpose, the landowner must receive just compensation for the property. Some states provide rules on the issue of compensation for easements. Read the entire page →

From page 3...

... 3 LEGAL ASPECTS OF CONSERVATION EASEMENTS: A PRIMER FOR TRANSPORTATION AGENCIES By Tyson Smith, Esq., AICP, White & Smith, LLC; Tara D Allden, Esq.; and Ross Appel, Esq.

Read the entire page →

From page 4...

... 4 Ridge and Natchez Trace Parkways.4 Building on this precedent, Wisconsin began protecting its parks with conservation easements in the 1950s. Notwithstanding the example of these early innovators, conservation easements were not common in the first 7 decades of their existence.

Read the entire page →

From page 5...

... 5 Some states require perpetual easements,13 whereas others may limit the duration.14 The UCEA defines the "holder" of the conservation easement -- the individual or entity holding the right to enforce the easement's terms -- to include federal, state, and local governmental entities, as well as private environmental or charitable organizations, such as land trusts.15 The conservation easement may identify more than one party that will serve as the holder and divide the holder's responsibilities and obligations between these parties. For example, a local government may want to be a holder for purposes of enforcing the easement but may want another entity to provide onsite monitoring services.

Read the entire page →

From page 6...

... 6 mental Conservation for inclusion in the statewide registry.25 Transportation agencies benefit from early notice of the existence of conservation easements within a project area and should be familiar with the processes and places for documenting conservation easements. Effect on Existing Interests. -- Finally, the UCEA provides that "[a]

Read the entire page →

From page 7...

... 7 eminent domain.36 When the government exercises its power to acquire land for a public purpose, the landowner must receive just compensation for the property. Some states provide rules on the issue of compensation for easements.

Read the entire page →

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