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Protecting the Land : Conservation Easements Past, Present, and Future - Jean Hocker

Protecting the Land

Conservation Easements Past, Present, and Future

By: Jean Hocker (Foreword by), Julie Ann Gustanski (Editor), Roderick Squires (Editor)

Paperback Published: 1st March 2000
ISBN: 9781559636544
Number Of Pages: 450

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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.

List of Figures, Photographs, and Tablesp. xi
Forewordp. xvii
Prefacep. xxi
Acknowledgmentsp. xxxi
Introductionp. 1
A Context for Conservation Easementsp. 7
Protecting the Land: Conservation Easements, Voluntary Actions, and Private Landsp. 9
A Holistic Examination of the Law of Conservation Easementsp. 26
An Obscure Tax Code Provision Takes Private Land Protection into the Twenty-First Centuryp. 55
Conservation Easements: Regions, Regulatory Framework, and Protected Landsp. 67
Introduction to Legal Analysisp. 69
Conservation Easements in the First and Second Federal Circuitsp. 78
Conservation Easements to Protect Historic Viewsheds: A Case Study of the Olana Viewshed in New York's Hudson River Valleyp. 102
A Limited Development and Conservation Success Storyp. 117
Conservation Easements in the Third Federal Circuitp. 127
Enforcement Problems with Successor Grantorsp. 157
Saving Agricultural Land with Conservation Easements in Lancaster County, Pennsylvaniap. 166
Conservation Easements in the Fourth Federal Circuitp. 186
Applicability of South Carolina's Conservation Easement Legislation to Implementation of Landscape Conservation in the ACE Basinp. 209
Use of Conservation Easements to Protect the Scenic and Natural Character of the Blue Ridge Parkway: A Case Studyp. 221
Grannybelle Woods Conservation Easementp. 230
Conservation Easements in the Fifth and Eleventh Federal Circuitsp. 238
Acacia Protecting Texas Hill Countryp. 252
Conservation Easements in the Sixth Federal Circuitp. 263
Michigan's Model Conservation Easementp. 275
Mackinaw Headlands: A Model in Public-Private Partnershipsp. 287
Conservation Easements in the Seventh and Eighth Federal Circuitsp. 292
Case Study: The Iowa Natural Heritage Foundation and The Mississippi River Blufflands Alliancep. 321
A Farm and River Greenway on the St. Croix River: Standing Cedars Community Land Conservancy and Wisconsin Farmland Conservancyp. 327
Easements and Public Access on the Ice Age National Scenic Trailp. 343
Conservation Easements in the Ninth Federal Circuitp. 354
The Power of Conservation Easements: Protecting Agricultural Land in Montanap. 392
Saving Special Places: How a Land Trust Used Emerging Technology to Address Conservation Prioritiesp. 400
Neighborhood Conservation Easements at Entrance Mountain on Orcas Island in Washington Statep. 412
Conservation Easements in the Tenth Federal Circuitp. 423
The Santa Fe Conservation Trust: Protecting Northern New Mexico's Complex Land Tenure Patternsp. 443
Conservation Easements: A Future for Protected Lands and the Challenges Aheadp. 451
Land Trusts and Conservation Decision Making: The Integrated Land Conservation Decision-Support Modelp. 453
Phase I: Focus Group Discussion Guidelinesp. 486
Phase II: Mail Survey: Public Attitudes Toward Land Use and Conservationp. 487
Phase III: Expert Interview Questionnairep. 497
Reflections on Patterns and Prospects of Conservation Easement Usep. 498
The Uniform Conservation Easement Actp. 505
Grant of Conservation Easement and Declaration of Restrictive Covenantsp. 516
Table of Casesp. 531
Bibliographyp. 533
About the Contributorsp. 539
Indexp. 545
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781559636544
ISBN-10: 1559636548
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 450
Published: 1st March 2000
Publisher: ISLAND PR
Country of Publication: US
Dimensions (cm): 22.9 x 15.3  x 3.0
Weight (kg): 0.77
Edition Number: 2