Place a Conservation Easement on your property: Expect
enforcement by outside parties
April 4, 2002 -
THE UNIFORM CONSERVATION EASEMENT ACT ALLOWS OUTSIDE PARTIES THE
RIGHT TO SUE TO ENFORCE ANY GIVEN CONSERVATION EASEMENT.
"(Simply, any land trust or governmental organization eligible to
hold conservation easements can file a lawsuit for to enforce the terms
of the easement.)
That means that if you place a conservation easement in a local land
trust; that a national organization like the Nature Conservancy, or a
government organization such as the U.S. Fish and Wild Life Service can
has the right to enforce the terms of the easement with FULL LEGAL
STANDING to sue the landowner.
By signing a conservation easement, you open your land to
enforcement lawsuits from all land trusts or governmental organization
eligible to hold conservation easements.
Here is why!
THE UNIFORM CONSERVATION EASEMENT ACT IS THE CENTRAL LEGAL DOCUMENT FOR
CONSERVATION EASEMENT LAW. A MAJORITY OF THE STATES HAVE ADOPTED IT
(Excerpted from the Uniform Conservation Easement Act)
"Third-party right of enforcement" means a right provided in a
conservation easement to enforce any of its terms granted to a
governmental body, charitable corporation, charitable association, or
charitable trust, which, although eligible to be a holder, is not a
Recognition of a "third-party right of enforcement" enables
the parties to structure into the transaction a party that is not an
easement "holder," but which, nonetheless, has the right to
enforce the terms of the easement
Holders and persons having third-party rights of enforcement might
obviously wish to bring suit to enforce restrictions on the owners' use
of the burdened properties.
Check it out yourself at :
In May 2002, the Paragon Foundation will offer a comprehensive White
on the pitfalls of conservation easements. Call 1-877-847-3443 toll-free
reserve your copy
J. Zane Walley, Advocate For Rural America
A Paragon Foundation Grantee www.paragonpowerhouse.org/