The Conservation Easement in California

Author: Thomas S. Barrett
Publisher: Island Press
ISBN: 1597268569
Format: PDF, Kindle
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The conservation easement is an effective and flexible technique for land preservation. The Conservation Easement in California, written by California attorneys expert in conservation law for The Trust for Public Land, is an authoritative legal handbook for the use of conservation easements in California. This book puts the conservation easement in context, discusses the historical and legal background of the conservation easement in California, its state and federal tax implications and the problems involved in drafting easements. Of special importance is the book's clear exposition of the statutory distinction between conservation and open space easements, which should be especially helpful to land trusts and public agencies at all levels who want to put these innovative techniques into practise.

Protecting the Land

Author: Julie Ann Gustanski
Publisher:
ISBN:
Format: PDF, Kindle
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A conservation easement is a legal agreement between a property owner and a conservation organization, generally a private nonprofit land trust, that restricts the type and amount of development that can be undertaken on that property. Conservation easements protect land for future generations while allowing owners to retain property rights, at the same time providing them with significant tax benefits. Conservation easements are among the fastest growing methods of land preservation in the United States today.Protecting the Land provides a thoughtful examination of land trusts and how they function, and a comprehensive look at the past and future of conservation easements. The book: provides a geographical and historical overview of the role of conservation easements analyzes relevant legislation and its role in achieving community conservation goals examines innovative ways in which conservation easements have been used around the country considers the links between social and economic values and land conservationContributors, including noted tax attorney and land preservation expert Stephen Small, Colorado's leading land preservation attorney Bill Silberstein, and Maine Coast Heritage Trust's general counsel Karin Marchetti, describe and analyze the present status of easement law. Sharing their unique perspectives, experts including author and professor of geography Jack Wright, Dennis Collins of the Wildlands Conservancy, and Chuck Roe of the Conservation Trust of North Carolina offer case studies that demonstrate the flexibility and diversity of conservation easements. Protecting the Land offers a valuable overview of the history and use of conservation easements and the evolution of easement-enabling legislation for professionals and citizens working with local and national land trusts, legal advisors, planners, public officials, natural resource mangers, policymakers, and students of planning and conservation.

Nature s Trust

Author: Mary Christina Wood
Publisher: Cambridge University Press
ISBN: 0521195136
Format: PDF, ePub, Mobi
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This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.

From Walden to Wall Street

Author: James N. Levitt
Publisher: Island Press
ISBN: 9781597269193
Format: PDF, ePub, Mobi
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"From Walden to Wall Street makes clear that a system of market-based conservation finance is vital to the future of environmental conservation." -Henry M. Paulson, Chairman and CEO, Goldman Sachs Group, Inc.; Chairman of the Board of Governors, The Nature Conservancy In the absence of innovation in the field of conservation finance, a daunting funding gap faces conservationists aiming to protect America's system of landscapes that provide sustainable resources, water, wildlife habitat, and recreational amenities. Experts estimate that the average annual funding gap will be between $1.9 billion and $7.7 billion over the next forty years. Can the conservation community come up with new methods for financing that will fill this enormous gap? Which human and financial resources will allow us to fund critical land conservation needs? From Walden to Wall Street brings together the experience of more than a dozen pioneering conservation finance practitioners to address these crucial issues. Contributors present groundbreaking ideas including mainstreaming environmental markets; government ballot measures for land conservations; convertible tax-exempt financing; and private equity markets. The creativity and insight of From Walden to Wall Street offers considerable hope that, even in this era of widespread financial constraints, the American conservation community's financial resources may potentially grow dramatically in both quantity and quality in the decades to come.

Conservation Covenants

Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780108512292
Format: PDF, Docs
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A conservation covenant is a voluntary agreement between a landowner and responsible body (charity, public body or local/central Government) to do or not do something on their land for a conservation purpose. This might be, for example, an agreement to maintain woodland and allow public access to it, or to refrain from using certain pesticides on native vegetation. These agreements are long lasting and continue after the landowner has parted with the land, ensuring that its conservation value is protected for the public benefit. Conservation covenants are used in many other jurisdictions, but do not exist in the law of England and Wales. Instead, landowners and responsible bodies are relying on complex and expensive legal workarounds, or the limited number of existing statutory covenants that enable certain covenants to be enforced by specified bodies (for example, the National Trust). This paper considers the following key issues: who should be able to create a conservation covenant?; what should a conservation covenants be for?; should there be public oversight of a new statutory scheme?; how should conservation covenants be created and recorded?; how should a conservation covenant be managed?; what should happen if there is a breach of a conservation covenant?; when and how should a conservation covenant be modified or come to an end?; could any existing statutory covenants be replaced by a system of conservation covenants?; what will be the impact of introducing a system of conservation covenants? A number of provisional proposals are presented.

Conservancy

Author: Richard Brewer
Publisher: UPNE
ISBN: 1611685206
Format: PDF
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Land trusts, or conservancies, protect land by owning it. Although many people are aware of a few large land trusts--The Nature Conservancy and the Trust for Public Land, for instance--there are now close to 1,300 local trusts, with more coming into being each month. American land trusts are diverse, shaped by their missions and adapted to their local environments. Nonetheless, all land trusts are private, non-profit organizations for which the acquisition and protection of land by direct action is the primary or sole mission. Nonconfrontational and apolitical, land trusts work with willing land owners in voluntary transactions. Although land trusts are the fastest-growing and most vital part of the land conservation movement today, this model of saving land by private action has become dominant only in the past two decades. Brewer tells why the advocacy model--in which private groups try to protect land by promoting government purchase or regulation-- in the 1980s was eclipsed by the burgeoning land trust movement. He gives the public a much-needed primer on what land trusts are, what they do, how they are related to one another and to other elements of the conservation and environmental movements, and their importance to conservation in the coming decades. As Brewer points out, unlike other land-saving measures, land trust accomplishments are permanent. At the end of a cooperative process between a landowner and the local land trust, the land is saved in perpetuity. Brewer's book, the first comprehensive treatment of land trusts, combines a historical overview of the movement with more specific information on the different kinds of land trusts that exist and the problems they face. The volume also offers a "how-to" approach for persons and institutions interested in donating, selling, or buying land, discusses four major national land trusts (The Nature Conservancy, Trust for Public Land, American Farmland Trust, and Rails-to-Trails Conservancy); and gives a generous sampling of information about the activities and accomplishments of smaller, local trusts nationwide. Throughout, the book is enriched by historical narrative, analysis of successful land trusts, and information on the how and why of protecting land, as well as Brewer's intimate knowledge of ecological systems, biodiversity, and the interconnectedness of human and non-human life forms. Conservancy is a must-read volume for people interested in land conservation--including land trust members, volunteers and supporters--as well as anyone concerned about land use and the environment.