Private lands in the United States are permanently conserved by Conservation Easement. It is the most powerful and effective tools available for it and is widely used in United States. Its usage has successfully helped in the protection of millions of acres of wildlife and open space, helping to keep land private and generating benefits to public.
It’s a voluntary and legal agreement which sets the limitation of use of property. It prevents any kind of development on property and also retains the private ownership of the land. It leads in protection of the open space value of the property.
It is duly signed by the landowner, also known as easement donor, and the receiving party, known as conservancy. The property remains as a private property of the easement donor. It is also recorded with the Country Register of Deeds and is kept private. Conservation Easement does not make the land public. This is a voluntary decision of the landowner. Once the Conservation Easements is set, it is a binding for the property for all future owners. The restriction lasts forever.
The main purpose of conservation easement is for the protection of the land from some forms of development. They are mainly used for agricultural land, timber resources, solar power, wind power, other natural resources such as clean water, clean air, green homes, green buildings, wildlife, etc. These lands are protected by separation of the right to subdivide the land/property and build on the land.
By using this method, the landowner does well for the environment so that the resources can be used by future generations too. Landowners continue to own and manage the land and at times receive tax advantages for donation of the conservation easement of the land.
Importantly, the landowners have donated the land for public good by preserving the land for future generations.
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May 24th, 2009
Tushar Mathur
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