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The transformation to sustainability and/as ways to happiness

What seems to be heard most often are the environmentalists predicting doom, and the deniers and delayers arguing that change would hurt us, personally and economically.Recently, we see an emergent understanding that a transformation to sustainability is actually not just about hard choices for "saving the planet," but about ways in which human happiness can ...learn more

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Conservation Easement Drafting and Documentation

Land Trust Standards and Practices
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Author: Land Trust Alliance
 
Publisher: Land Trust Alliance
 
Contact Person: Land Trust Alliance
 
Key Website: http://iweb.lta.org/Purchase/P...
 
Date Published: 2008-01-01
 
Direct Costs:
 
Direct Labor:
 
Keywords: land trust conserve easement document enforce quality practice maintain course lesson pedagogy book
 
Language: English
 

Problem

To provide public benefits over the long term, federal and state legislatures created conservation easements to provide a method of protecting natural and cultural resources on privately owned lands. In order to achieve this goal, land trusts must draft enforceable conservation easements that yield a public benefit. In addition, land trusts must draft conservation easements of the highest quality in order for private landowners to view them as attractive options.

Action

This coursecovers Practices 8G, Project Planning, 9E, Easement Drafting and 11B, Baseline Documentation Report, and forms the foundation for negotiating and drafting enforceable conservation easements and their supporting baseline documentation. All three practices discussed in this course, when combined, create a seamless process ensuring that a land trust:


[1.]Gathers and considers all information relevant to a particular
conservation project


[2.]Uses this information to draft a conservation easement that
is unambiguous and enforceable, and will serve to protect the
identified conservation values


[3.]Creates a baseline documentation report that amplifies and
supports the conservation purposes and public benefit of the

conservation easement


After taking this course, you will have a strong foundation from which to negotiate and draft a conservation easement and baseline documentation report that is consistent with Land Trust Standards and Practices,
and thus reflects the best professional practices associated with the creation of these important documents. 

Results

By implementing best practices in negotiating and drafting conservation easements, land trusts fulfill their mission: the promise they have made to their communities to identify and protect special lands with important natural resources. A land trust working with its landowner partners in conservation to uphold easements and enforce their restrictions ensures that important natural resources are preserved for future generations. Therefore, it is important to create the supporting documentation, such as baseline documentation reports, that assists;land trusts in interpreting and maintaining the easements they hold.

Limitations

Land Trust Alliance course materials are furnished as tools to help land trusts implement Land Trust Standards and Practices. They are provided with the understanding that the Land Trust Alliance is not engaged in rendering legal, accounting or other professional counsel. If legal advice or other expert assistance is required, the services of competent professionals should be sought. The Land Trust Alliance makes no assurances that land trusts attending or completing these courses will be granted accredited status by the Land Trust Accreditation Commission.



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