Definition
A conservation easement is a voluntary agreement that
allows a landowner to permanently limit the type and amount of
development on their property while retaining private ownership.
Working with the Land Trust, the landowner identifies specific
permitted uses of the property. These normally include agriculture,
forestry, recreation, or other open space uses. The easement limits
or prohibits certain activities, including industrial, commercial,
and residential development. The easement is signed by the landowner
(the easement donor), and the Land Trust of Virginia (the party
receiving the easement), and recorded with the County Registrar
of Deeds.
Easements are flexible and easily tailored to meet a landowner's
needs, for example, an easement may cover portions of a property
or an entire parcel. It is legally binding on all future owners,
and will be monitored and enforced
by the Land Trust, the county with jurisdiction, the Virginia
Outdoors Foundation, or some combination thereof.
| To receive the financial
benefits of donating a conservation easement, the landowner
must have the property evaluated to determine whether it falls
within IRS regulations requiring that easement property have
"significant" conservation values. This includes
forests, wetlands, endangered species habitat, beaches, scenic
areas, and more. The Land Trust of Virginia (LTV) also has
its own criteria for accepting easements. At the invitation
of the landowner, LTV will evaluate the property to determine
whether it meets these criteria. |
The land
ethic simply enlarges the boundaries of the community to
include soils, waters, plants, and animals, or collectively:
the land
—Aldo Leopold |
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Continuing rights of landowners
After executing an easement, the landowner continues
to own and manage the property within the limits of the
easement. Therefore, the owner can sell, give, or lease the property,
as before. However, all future owners assume ownership of the
property subject to the conditions of the easement.
Continuing obligations of landowners
The landowner continues to bear all costs and liabilities
related to ownership and maintenance of the property. Easement
can involve project costs and long-term stewardship costs. How
these costs are covered varies based on individual project circumstances.
Easement enforcement
Since its founding, the Land Trust of Virginia (LTV) has endeavored
to permanently protect the privately owned farm, forest, and open
space lands of Virginia largely through the use of conservation
easements. Conservation easements alone, however, cannot protect
these important lands and natural resources. Only the
ongoing commitment of the Land Trust of Virginia to monitor, defend,
and enforce its conservation easements can ensure protection in
perpetuity.
To meet this commitment, LTV established the Stewardship Program.
This program is supported by a Stewardship Fund, which is funded
through contributions from each conservation project. The Stewardship
Funds are kept separate so the Land Trust will always have income
to cover its stewardship responsibilities, which include maintaining
land-related records, tracking changes in land ownership, monitoring
conserved properties at least annually, photo-documenting land
uses periodically, answering landowner questions, interpreting
or approving permitted activities, and correcting violations through
voluntary compliance or, if necessary, legal proceedings.
In the unlikely event that a land trust ceases operations, Virginia
state law mandates that all easements automatically convey to
the Virginia Outdoors Foundation (VOF), a state-chartered conservation
organization, unless the instrument creating the easement otherwise
provides for its transfer to some other holder or public body.
The VOF or other designated holder will then assume enforcement
responsibilities.
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