Place a Conservation Easement on your property: Expect enforcement by outside parties

April 4, 2002 -

THE UNIFORM CONSERVATION EASEMENT ACT ALLOWS OUTSIDE PARTIES THE RIGHT TO SUE TO ENFORCE  ANY GIVEN CONSERVATION EASEMENT. "(Simply, any land trust or governmental organization eligible to hold conservation easements can file a lawsuit for to enforce the terms of the easement.)

That means that if you place a conservation easement in a local land trust; that a national organization like the Nature Conservancy, or a government organization such as the U.S. Fish and Wild Life Service can has the right to enforce the terms of the easement with FULL LEGAL STANDING to sue the landowner.

By signing a conservation easement,  you open your land to enforcement lawsuits from all land trusts or governmental organization eligible to hold conservation easements.
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Here is why!

THE UNIFORM CONSERVATION EASEMENT ACT IS THE CENTRAL LEGAL DOCUMENT FOR CONSERVATION EASEMENT LAW. A MAJORITY OF THE STATES HAVE ADOPTED IT WORD-FOR-WORD.

(Excerpted from the Uniform Conservation Easement Act)

"Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder

Recognition of a "third-party right of enforcement" enables the parties to structure into the transaction a party that is not an easement "holder," but which, nonetheless, has the right to enforce the terms of the easement

Holders and persons having third-party rights of enforcement might obviously wish to bring suit to enforce restrictions on the owners' use of the burdened properties.

Check it out yourself at :
http://www.law.upenn.edu/bll/ulc/fnact99/1980s/ucea81.htm

In May 2002, the Paragon Foundation will offer a comprehensive White Paper
on the pitfalls of conservation easements. Call 1-877-847-3443 toll-free to
reserve your copy

J. Zane Walley, Advocate For Rural America
A Paragon Foundation Grantee www.paragonpowerhouse.org/