|
| |
OUR PROCESS FOR PLACING A CONSERVATION EASEMENT (CE) ON A PROPERTY
- Landowner and Tecumseh Land Trust representative (TLT) make initial contacts, explore what the landowner would
like to preserve and protect and what a land trust can and can't do.
- TLT rep supplies landowner with this outline and additional information about CEs, land trusts,
TLT, examples of CEs TLT now holds, and costs of monitoring and enforcing a CE.
- Landowner and TLT rep walk the land, getting a clearer idea of what landowner would like to
preserve and what TLT is capable of doing.
- Landowner develops a list of what s/he would like to preserve, consulting advisers (family,
friends, accountant, attorney).
- Landowner and TLT rep go over the landowner's conservation list and decide whether to
continue, i.e., whether to begin drafting a CE document.
- If landowner and TLT rep agree to go ahead, TLT Board is given permission to walk the land.
- TLT Board hears report from TLT rep; Board members walk the land.
- TLT Board decides whether to authorize its rep to negotiate a CE.
- Landowner and TLT rep meet and draft and re-draft a CE, until it seems about
right. TLT rep is prepared to do the actual drafting, if that is the landowner's wish.
- Landowner and TLT consult with their advisers (TLT: monitoring committee, easement
review committee, and TLT Board),
- Landowner and TLT rep draw up near-final CE draft.
- Near-final draft is examined by both parties' attorneys.
- Landowner and TLT rep draw up final CE draft.
- Final CE draft is considered by TLT Board; president and secretary are authorized to sign
(perhaps with some recommended minor alterations).
- Landowner gets appraisal, as required by IRS if landowner wants a federal personal tax
deduction, within 60 days of recording.
- CE is signed, witnessed and notarized.
- CE is recorded.
- Landowner pays for costs associated with easement creation and redo.
- TLT monitors and enforces CE forever.
|
