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Pages 32-35

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From page 32...
... 32 As discussed previously, conservation easements, in order to be valid, ordinarily must be consented to by all those with interests in the property. Beyond this however, the law may also require certain adjustments in the relative positioning of the various parties.
From page 33...
... 33 ment duties of a conservation easement in Wyoming should be fully thought through at the drafting stage so that if a non-holder agency is to have such authority, that agency will be made an explicit party to the agreement. Understanding how the relevant state handles the monitoring and enforcement issue may influence how a conservation easement is negotiated and ultimately drafted.
From page 34...
... 34 Case Study: The Lowcountry Open Land Trust -- Monitoring and Enforcement Plans and Processes The Lowcountry Open Land Trust, based in Charleston, South Carolina, offers a good example of a land trust committed to monitoring and enforcing its conservation easements.190 Over the years, the Trust has protected over 83,000 acres in perpetuity. As part of its Stewardship Program, the Trust engages in the following activities: • Monitoring of protected properties.
From page 35...
... 35 tenance and enforcement duties will become the responsibility of the North Carolina Coastal Land Trust as the long-term holder. Transportation agencies similarly may want to contract out monitoring services when very specific ecological parameters need to be assessed and reported to ensure specific outcomes, such as the production of compensatory mitigation.

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