Conservation easements were created, and approved by federal tax authorities, to provide voluntary options for landowners to ensure that their families’ property – their legacy – maintains its natural beauty, habitat for wildlife and fish, and agricultural productivity, forever. When we draft an easement, in concert with a private landowner, language in the easement prohibits encroachment and destruction of the very values that the present landowner is trying to protect.
As properties move from generation to generation or are sold to a new owner, the conservation easement agreement assures that the natural values are protected and its conservation values remain intact. It is the Land Trust’s responsibility to uphold these protections, no matter what the situation is. We have that promise to keep.
Land trusts are unique in that our mission and charter requires providing perpetual stewardship of conservation easements, forever. Other organizations do not have this mandate. This stewardship mandate means, at a minimum, an annual visit to each landowner to assure the terms of the conservation easement are being upheld. It also entails a myriad of other responsibilities, including ensuring specific rights being exercised by the landowner are in compliance, consulting legal counsel, maintaining positive landowner relationships, and defending the language and intent of the easement when necessary.
The array of potential costs required to meet this mandate is extremely hard to predict, especially when they might arise decades from now. Recently, we undertook a review of these potential costs, projecting as best we could, the future expenses associated with stewarding our current 148 easements, a number that grows every year. This is not an exact science but, relying on our own experience and collaborating with other land trusts, we concluded that to fully fund our stewardship program into the future, we need $4,250,000 in dedicated funds. We are presently underfunded in our stewardship endowment by $2,250,000. We have taken steps to assure that new easements, added each year, are adequately funded going forward so that this deficit does not increase. With your support through the Legacy of Land Campaign you can help us fill the gap so we can fulfill our most important promise to the easement donors and our community, protection FOREVER.