Conservation Easements - Research Paper Example

?Introduction: - In a vastly deteriorating environment and with numerous species nearing extinction, federal law, s and individuals feel the responsibility of conserving the environment for future generations. One example of collaboration between the above mentioned members of community is conservation easement. A conservation easement is a restriction land owners voluntarily put on themselves on specified uses of property to preserve natural, cultural or productive features (Parker). The conservation easement is made official by a legal agreement between the land owner and the ‘holder’ of the easement. A conservation easement usually takes place between individuals, governments or not for profit organizations. It must be noted that the conservation easement does not deprive the owner of legal ownership and grants him the right to determine the type of land uses to continue and those to restrict. The holder of the right is granted the authority to assess the condition of the property to ensure that it is in accordance with terms of the agreement (Merenlender, Huntsinger and Guthey). Conservation easement based acquisition is largely a voluntary method that hinges on private ownership and management of land aimed to meet conservation costs, thus avoiding high financial cost and political difficulties associated with public acquisition and management. (Merenlender, Huntsinger and Guthey). These agreements are usually perpetual and the financial incentives associated with such agreements depend on the compliance with terms of agreements. Land Trusts: - Land trusts are local, regional or national nonprofit organizations that work to preserve the land for its natural, agricultural, historical, scientific or leisure value. These trusts work with land owners to verify the easement agreement and finalize the financial benefits due to the owner. Once agreed, they monitor and assess the property and ensure that the terms of the agreement are abided by. Legal action can be initiated by the trust if violations are observed on the part of the owner. It is essential for the land owner to select an organization that has the financial capacity to handle long term responsibilities. Goal and Importance of Conservation Easements: - Conservation easement is a unique tool that enables land owners to conserve their property for natural, productive or cultural features along with tax benefits in case of voluntary payments. In a vastly changing economy and economic uncertainty, land owners are allowed to preserve their real estate to pass it to their children without bearing the burden of taxes and other costs (Parker). Conservation easements are usually donated to nonprofit organizations who work for the better of the society hence individuals can not only preserve their belongings but also serve their society well. It is important to note that conservation easements allow the owner to control access to his property. This is essential considering that the agreements are often misinterpreted as submission of power. The owner can bring in anyone he wants to the specific property under agreement. The primary purpose of such agreements is to preserve specific land from certain forms of use or development in order to preserve it for a greater purpose. It is important that such agreements thrive in order to ensure the sustainability of the environment. Conservation easements have met significant approval from the public due to the previously prevalent federal regulations. However, these agreements are customized and it is difficult to gauge the success of these agreements. All agreements are designed specifically and serve as a pact between landowners and land trusts rather than the environment; therefore, there is always room for manipulation or noncompliance with the essence of environmental protection and conservation. History and Use of Conservation Easements: - From the early 19th century, the United States laws of land preservation have been dictated by the federal government; the central approach has been land reservation or acquisition. However these policies have often overlooked needs of the locals, resulting in unwanted problems (Merenlender, Huntsinger and Guthey). As a result of these one sided policies, efforts to preserve biodiversity have failed and several endangered plant species are on private land. To enable preservation of public land, incentives needed to be introduced which were missing in the federal government’s acquisition and reservation policy. These incentives stemmed from three basic problems with the government’s way which include increasing land values and cost of government management, disappointment with public land management and resource agencies and the insensitivity of the central authority to local needs. The economic uprising of the 1990s allowed the spread of incentive based conservation programs that had substantial results. Public and private money was used to finance these initiatives which eventually led to the establishment of conservation easements. Although the aim of such initiatives is noble, each land owner has his own priorities and objectives when wanting an agreement; the same goes for each land trust. The agreement results from comprehensive negotiations and concessions to allow both parties to meet specific objectives. This is one of the reasons why experienced easement negotiators refuse to discuss the details of conservation easement deals. Details written in the agreement become enforceable by law and both parties necessarily need to abide by them. Specific Benefits and challenges associated with its use:- Conservation easements help create a culture of preservation by allowing members of the society to function in the interest of the environment and to help protect it for the long run. They aim to preserve natural habitat and productive, scientific or recreational area. Federal laws pertaining to tax benefits for conservation easement payments are similar to any other donations (Parker). Land owners may be able to deduct full value of the easement agreement from their taxes. It must be noted that law requires the value of the conservation easement to be assessed by a qualified real-estate appraiser (Merenlender, Huntsinger and Guthey). This assessment will serve as the benchmark for further evaluation. To qualify for tax benefits such agreements must be perpetual, held by accredited government/nongovernment organization and serve a valid conservation purpose. Challenges:- Conservation easements are termed as perpetual; however there is debate over the meaning of perpetual in the context of these agreements. In many cases conservation easements are setup for a specified period of time (Merenlender, Huntsinger and Guthey). There are concerns over the scientific and policy assumptions underlying conservation easements. The practicality of permanent conservation is questionable when considering the changing ecology, inclusion of new data, changes in conservation needs and other challenges that may arise and be contradictory to the needs of the agreement. Such things are possible with global climate change and the constantly shivering economical state of the country. Any unforeseen problems could spell the end for such agreements if they are not worked out properly. One cannot discount the possibility of conservational steps, set forth in easements, becoming obsolete or unaffordable in specific states. It is also difficult to identify specific rules to be abided by in conservation easements as they may become obsolete or not environmental over time; general statements, in contrast, would create a vague cloud over responsibility because the statements would not specify what forms of restrictions are in place and may result in no consequences for landowners despite violations. Permanence requires capacity on the part of the land trust to maintain financial stability, records, landowner and community relationships and community support to enforce agreements. Lack of durability of land trusts would eventually result in failed attempts (Merenlender, Huntsinger and Guthey). Furthermore, changes in tax policies by the federal government would substantially reduce incentives for landowners to opt for conservation easements resulting in a shortage of willing landowners and an obsolete system that can eventually be part of history (Parker). Works Cited Merenlender, A.A, et al. "Land trusts and conservation easements: who is conserving what for whom." Department of environmental science; University of California-Berkeley (2004). Parker, Dominic P. "Conservation Easements: A closer look at federal tax policy." PERC Policy Series (2005). Read More