FOR IMMEDIATE RELEASE

Contact: Robb McCracken
208-263-9471 | cfpoc.sandpoint@gmail.com

Nancy Dooley
208-290-2828 | ndooley@sandpoint.com

Diverse Landscape Conserved by Clark Fork -Pend Oreille Conservancy

SANDPOINT, ID -- A historic forest, ranch and farm homestead, abutting the State Morton Slough Wildlife Refuge on the Pend Oreille River near Sandpoint is now permanently protected from development and subdivision thanks to the work of the Clark Fork -Pend Oreille Conservancy. The Conservancy was supported in this work by the Idaho Department of Fish and Game and by funding from the Wetlands Trust and the Equinox Foundation in partnership with the Inland Northwest Community Foundation.

The spectacularly scenic 616-acre preserved property includes a diverse landscape including expansive forested mountainsides with towering cliffs, rich wetland areas, productive agricultural lands and pristine river shoreline.

“Conserving this land is a win-win for all. The extremely scenic landscape is preserved, thus, benefiting the public. The diverse wildlife habitat is protected, including critical, irreplaceable winter range for moose, elk and deer. This model working farm, native forests and timber lands will remain intact forever, and never be subdivided, developed, mined or damaged. The project protects the water quality of the Pend Oreille River. It also protects over 50 acres of wetlands” said Robb McCracken, the Clark Fork- Pend Oreille Conservancy’s (CFPOC) Executive Director for Conservation.

For 83 years the same family has managed this working ranch and timberlands. “It’s pretty well unspoiled land,” said Virginia Overland whose parents first bought the property in 1928. “We are kind of an island here. We are surrounded by subdivisions now and it’s ruining wildlife habitat.  We feel it is necessary to save this piece of land for the wildlife”.

The “Overland Tree Farm” as the family refers to their property, provides vital habitat for a huge variety of animals including elk, black bear, bobcats, and mountain lion in the uplands, as well as moose, birds, waterfowl and fish in the wetland areas. In fact, over 2,000 birds have been counted on this slough in a single day according to studies conducted by the Idaho Department of Fish and Game.

The Clark Fork-Pend Oreille Conservancy (CFPOC), the local non-profit land trust, partners with private willing landowners such as Virginia and Orrin Overland to protect the conservation values of ecologically critical lands through the creation of conservation easements and other conservation methods. According to Mr. Mc Cracken of the Conservancy: “These conservation easements are permanent legal agreements that restrict or prohibit certain land uses such as development and land subdivision, while at the same time, the easements still allow for a wide range of land owner activities such as farming, ranching, specified recreation, sustainable timber harvesting or some limited residential use. A conservation easement allows the landowner to own their land, live on it, and use it for a variety of activities while still protecting the natural area, ecosystem, and traditional working agriculture and timber management forever for the good of the community, the wildlife and the environment. Conservation easements truly are win-win permanent agreements for the landowner and the public interest in land conservation.”

To date, the CFPOC has helped to forever preserve over 1,683 acres of working farms, ranches, forests and important fish and wildlife habitat in Bonner County, Idaho and Sanders County, Montana. Several other CFPOC/landowner projects are nearing completion.

“As our region continues to experience rapid growth and increased development pressure, the need for protecting our last, special places is becoming more and more important,” said Kyler Wolf, CFPOC Board President. “A conservation easement is a viable option for landowners hoping to protect their lands and some landowners may even qualify for financial incentives including federal income tax incentives. In some cases landowners could be eligible for development rights purchases. We urge all landowners to seek tax and financial advice from independent financial advisors.”

To learn more about how you can protect your land or how you can support the Clark Fork-Pend Oreille Conservancy work with private landowners visit their website at www.cfpoconservancy.org or give them a call at  208-263-9471.

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500 acres near Harrison, Idaho along eastern shore of Lake Coeur d’Alene

As bike riders and runners hit the Coeur d’Alene trail to test their endurance, one land owner persevered and achieved her own long distance trek. Jean Maucieri worked with Inland Northwest Land Trust to permanently protect 1.5 miles of Lake Coeur d’Alene shoreline bordering the Trail of the Coeur d’Alenes.

Thanks to a process which commenced in 1994, the Maucieri Conservation Easement protects 500 acres of forested land encompassing O’Gara Bay and part of Shingle Bay. This large area of open space combined with wildlife habitat preserves a scenic view from Lake Coeur d’Alene and the far shoreline.

The wildlife prominent on the land includes white-tailed deer, black bear, elk, forest grouse, songbirds, and squirrels. Nearly 134 species of birds reside in the local area. As for trees, most common species located on the property are Douglas fir, ponderosa pine, grand fir and western larch.

Jean Maucieri understood the importance of protecting the land her family owned. “The innovation of money-making commerce was intruding and it was just on the brink of development. The original owners had passed on and people were standing in line and offering chances to cut it up into lots and destroy the possibility of there ever being any wild nature and forest land. It was the last chance for a piece of land that was really worth saving for the views, the quality of the land and natural forest,” she clarifies. The subdivision plats around the Maucieri easement visibly underscore her concerns.

The environmental benefits of the Maucieri easement include protecting healthy forest from deforestation, preventing commercial development and residential construction, and preserving the property in one piece so that it remains intact.

The Maucieri property is actively managed as timberland. In 2008, the Idaho Tree Farm Program named Jean Maucieri as Tree Farmer of the Year. Her family’s property received certification as a Tree Farm® in the early 1950s and entered the Idaho Forest Stewardship Program in 1999.

Jean Maucieri’s words and deeds demonstrate her intent to preserve the land that has been in her family’s care for nearly 100 years. She believes in land conservation and summarizes her viewpoint with the following statement, “I wanted to preserve what Idaho was, the original Idaho. It was forestland, there were no intruding wild yellow daisies, it was a land of wild beasts and bull moose… Imagine views of nature in the raw. Nothing had been touched; it was beautiful and healthy land. It was clean, there were and still are no poisonous snakes. Idaho is a healthy place and a wonderfully satisfying experience to be in the wild forest.”

According to Lonnie Johnson, Park Manager for Old Mission Park and Trail of the Coeur d’Alenes, 32,000 people passed the Harrison trailhead and 15,000 people either walk or ride past the Maucieri property. Trail users could tip their hats or helmets to acknowledge the generous gift bestowed to people, vegetation and wildlife. (Those with horns, beaks or claws can simply wave their hooves, wings or paws.)

By: Brooke Nicholson
Intern
intern@inlandnwlandtrust.org

Contact:
Mark W. Elsbree, 208-726-4419
Babette Thorpe, 208-354-8939         

Major Conservation Success along the
South Fork of the Snake River in Eastern Idaho

Idaho Falls, ID - Two of the last unprotected parcels of private land along the canyon stretch of the South Fork Snake River in Bonneville County are now conserved permanently, thanks to willing landowners and a strong conservation partnership.

More than 300,000 people visit the South Fork each year to enjoy world-class fishing and floating, abundant wildlife and one of the most scenic rivers in the West. Thanks to conservation projects like this, the South Fork’s going to stay that way.

The two projects recently completed include:

• A Bureau of Land Management (BLM) purchase of 440 acres from a willing landowner along the South Fork, with assistance from The Conservation Fund and funding from the Doris Duke Charitable Foundation (DDCF) and the Federal Land Transaction Facilitation Act (FLTFA).
• A permanent conservation easement protecting 713 acres, protecting private lands adjoining the purchased property. The BLM will hold the easement on the property of dry farmers Cletus and Sharon Hamilton. The Teton Regional Land Trust, DDCF and FLTFA assisted with the project.  

“Idaho is a place of magnificent wild spaces, and these make our state a wonderful place to live, work and play,” stated Congressman Mike Simpson.  “I had the opportunity to spend time on the beautiful South Fork of the Snake River last month, and I am pleased at the collaboration between conservation groups and landowners who are working to ensure that this pristine area can be enjoyed for generations to come.”

These lands are well known by anglers and outfitters familiar with the canyon. About one-quarter mile after the Pine Creek confluence, the cliffs give way to a large cottonwood bottom on river right.  If you look up as you float past the cottonwoods, you may glimpse golden fields of barley on the high bluffs overlooking the river and then a steep canyon clad with Doug firs, aspen and service berry.

Conserving these two properties—one now in public ownership and the other remaining in private hands—benefits citizens of Idaho who enjoy hunting, fishing, beautiful scenery, watching wildlife and a strong rural economy.  These lands will provide migration routes for big game like elk and mule deer, as well as habitat for imperiled species like the Columbian sharp-tailed grouse.

The South Fork supports the largest native Yellowstone cutthroat trout fishery outside of Yellowstone National Park and produces half the bald eagles in Idaho.  Every year, visitors from all over the world travel to this river to enjoy the spectacular scenery, fishery and wildlife along this river. 

Eastern Idaho also benefits from the economic impact of the fishing and boating industry along these two waterways.  According to estimates by Dr. John Loomis, Department of Agricultural and Resource Economics, Colorado State University, the use of the South Fork and Henry’s Fork of the Snake River by anglers and other visitors generates 1,214 jobs and over $41 million in income.

Some of the most productive dry farm lands in eastern Idaho lies along the high bluffs lining the South Fork, helping Bonneville County maintain its lead statewide in barley production.  Keeping this productive land in farming, wheat and barley primarily was one of the main reasons Cletus Hamilton decided to protect his land.  “We thought this was good to do for ourselves and our family, for society and for the land,” Hamilton said.

Since BLM purchased 440 acres outright, the public now has access to another beautiful cottonwood bottom along the South Fork.  Even the land remaining in private hands provides access to

the public—the South Fork Rim Trail. 

In 2000, Congress enacted the Federal Land Transaction Facilitation Act (FLTFA) to generate federal funds to protect important lands throughout the western United States.  Through the sale of non-essential BLM lands, FLTFA provides funding to purchase critical in holdings such as these parcels along the South Fork Snake River.  Because FLTFA is scheduled to expire in 2010,   The Conservation Fund, Teton Regional Land Trust, The Nature Conservancy and a bipartisan coalition are working on reauthorizing this important funding source for land acquisition in the West.

“The Federal Land Transaction Facilitation Act is an effective tool for advancing land conservation,” said Mark W. Elsbree, vice president for The Conservation Fund.  “It balances conservation and economics and generates funds to protect high quality land, like these two properties along the South Fork Snake River.” 

For over 18 years, the BLM, The Conservation Fund, The Nature Conservancy, the Teton Regional Land Trust and willing landowners have worked together to conserve permanently over 18,000 acres along the South Fork and the lower Henry’s Fork, including other lands conserved with FLTFA funds.  The level of cooperation between federal agency and national and regional conservation organizations—and the number of landowners willing to conserve their lands permanently—combine to make this effort one of the most successful conservation collaborations in the country.

“The practice of willing buyer—willing seller is upheld in the use of these Federal Land Transaction Facilitation Act funds, which have benefitted many areas of Idaho,” Idaho Senator Mike Crapo said.  “I commend The Conservation Fund and its partners for their work on this project.  It offers permanent protection for the habitat that benefits sportsmen, elk, grouse, bald eagles, mule deer, and of course our unique Yellowstone Cutthroat Trout.”

“The South Fork of the Snake River agreement is another excellent example of private landowners, conservation groups, and public agencies working together to secure public access and protection for a beautiful part of Idaho,” said Senator Jim Risch.  “This effort shows that private working lands can still remain productive while providing assurance that future generation of Idahoans will have the same opportunity to enjoy these lands.”

For more information about these properties and to view a map of the properties acquired along the South Fork of the Snake River, please visit http://www.blm.gov/style/medialib/blm/id/rivers/snake_river-_south.Par.37212.File.dat/SouthFork_vicinity_web2.pdf.

April 28, 2009 

Contact: Chris Soto
csoto@lta.org

Association Recognized for Innovation in Media and Publishing

Presented with two 2009 EXCEL Awards

Washington, DC—The Land Trust Alliance is being honored by the Society of National Association Publications (SNAP) at its 29th Annual EXCEL Awards, which recognize the best and the brightest in association media and publishing.

As one of 181 winners selected from nearly 1,000 entries, the Alliance is being presented a Gold Award in the Magazines: Most Improved category and a Gold Award in the Magazines: Redesign category (submitted by Bates Creative Group) for taking bold chances and delivering excellence in the association industry.

“Congratulations to the Land Trust Alliance, one of the recipients of our EXCEL Awards,” said Amy Lestition, CAE, SNAP’s executive director, “These publications demonstrate the importance of conveying content in a variety of formats to our constituents. Bravo to the publication and media association professionals for their mastery of the field.”

“We went through a rigorous redesign process and this is a wonderful affirmation of our success,” said Chris Soto, editor of Saving Land, the winning magazine of the Alliance.

The Land Trust Alliance will be honored and celebrated at the 29th EXCEL Awards Gala on June 4, 2009. Award-winning entries are displayed at the EXCEL Awards Gala and are featured in the July/ August issue of Association Publishing. The Alliance may also be a winner of the distinguished EXTRA! Awards—presented to associations pushing the edge of the envelope further to innovate in an ever-changing publishing environment—which will be announced at the EXCEL Awards Gala in June. For more information on the Association Media and Publishing Conference and the EXCEL Awards Gala, visit www.snaponline.org.

For more information about the Land Trust Alliance, please visit www.landtrustalliance.org.

About the Land Trust Alliance: The Land Trust Alliance is a national conservation group that works on behalf of America’s 1,700 land trusts to save the places people love by strengthening conservation throughout America. The Alliance works to increase the pace and quality of conservation by advocating favorable tax policies, training land trusts in best practices and working to ensure the permanence of conservation in the face of continuing threats.

About SNAP: SNAP is the one non-profit, professional society serving the needs of association publishers and communications professionals. Areas of expertise include: fostering effective relationships among publishers, communications professionals, and industry providers; developing and maintaining high editorial and advertising standards through our Excel Awards and Publications Review Program; providing members with the latest industry movements through bi-annual meetings, Lunch & Learn Seminars, the SNAP listserve, and Association Publishing, our bimonthly magazine; and, connecting professionals with career opportunities in association publishing through our Career Center.

The Hicks v. Dowd case that NPR featured is complicated. The nuances of the case and its implications cannot fit into a single NPR radio piece. The Wyoming Law Review will publish a lengthy analysis of the case this summer.  See: http://uwadmnweb.uwyo.edu/law/Student_life/lawreview.asp.

Two cases about conservation easement donations to a public agency:

• Wyoming Easement Extinguishment Case (Hicks v. Dowd) | Hicks v. Dowd Facts
• Walter v. Otero County Land Trust Facts

The land conservation community does not want to let stand the impression that conservation easements are transitory, nor that land trusts lightly terminate perpetual conservation easements or dispose of fee-owned conservation land for development. The Alliance has taken several steps to explain and address this misconception and related issues:

Land Trust Alliance Initiatives to Ensure Permanence

The Alliance is aware of and shares your concern about the potential negative impact of this NPR coverage. The alliance is helping to create good case law, educate attorneys, collect useful legal materials and provide tools to land trusts. These steps are intended to assist the land trust community in making all conservation easements permanent. The Alliance is also working to help all land trusts be strong and effective through Land Trust Standards and Practices, Rally: the National Land Conservation Conference, The Learning Center, the Standards and Practices Curriculum, and the Land Trust Accreditation Commission, an independent program of the Land Trust Alliance.

The best way to avoid legal challenges is to prevent them. The Alliance's training courses are building the knowledge of land trust practitioners, helping them draft strong legal documents and implement sound easement stewardship.

Since August 2007, the Conservation Defense Initiative launched the Network and initiated regular teleconference and regional conference meetings to facilitate information sharing and problem solving among experienced conservation leaders across the country. The online forum allows Network members to address issues rapidly. The Alliance also established the Conservation Defense Fund, for use by the Alliance to intervene in precedent-setting cases, usually by filing a friend of the court brief. Several large law firms around the country have volunteered their services to the Fund to assist with conservation permanence.

Also underway is an investigation of the feasibility of conservation defense insurance so that all land trusts can have access to money and resources to uphold conservation permanence. The Alliance hopes by Rally to report to members about the potential feasibility of such insurance, including proposed policy coverage, premiums, deductibles, claims, review and underwriting standards.

Finally, the Alliance increased its capacity to assist land trusts with enforcement and defense issues, dissemination and analysis of new case law, and guidance in addressing IRS concerns.

Addressing Public Perception and Media Relations

We all know that what is legally true is rarely accepted or appreciated by the general public, especially if the general public hears snippets of news articles while commuting to work or getting the kids off to school. So the Alliance is taking proactive steps on behalf of the land trust community to increase the public's conviction that conservation easements held by knowledgeable, publicly accountable land trusts are indeed permanent.

Here is what the Alliance is doing:

• Contacting NPR to secure placement for a follow-up piece to the March 11 story that better reflects the commitment to easement permanence of nonprofit land trusts
  
  
• Developing a statement regarding conservation permanence, which we will submit for placement on NPR's website
  
  
• Providing spokespersons to NPR who can address the positive message that strong land trusts keep easements permanent
  
  
• Developing further talking points for the land trust community, as needed
  
  
• Informing our members and the professional community about Alliance initiatives to support conservation permanence and the facts of cases such as Hicks v. Dowd

The Alliance suggests to members that, in responding to this NPR story or any other piece, remember the following:

• Do not allow yourself to get pulled into the negative question: "Why aren't easements permanent when they are supposed to be?" Instead focus on the positive message: "Strong land trusts and conservation easements are essential to my community." Remember the old adage: answer the question you wished they had asked, not the one they asked.
  
  
• The bottom line is that our best message is about the WHY of conservation and the WHO that benefit, not the HOW it was done or WHERE or even WHEN.
  
  
• Always remember to talk about your land trust, the good work you are doing and the impact on your community.

Here are some themes to consider and echo in your own messaging:

• Strong land trusts are critical to conserving land in communities across America and conservation easements are one of the best ways to do so.
  
  
• Land trusts have adopted and follow a set of professional standards and practices that help ensure their sound operation and the permanent protection of land. Some government holders also follow these standards, but government holders are not required to the same rules as land trusts.
  
  
• Conservation easements have helped thousands of farmers and ranchers keep their land in agricultural production and have helped communities protect the forests, clean water, scenic views and natural and historic areas that are important to their quality of life.
  
  
• Let me tell you a story about what a difference conservation has made to the people of my community...
  
  
• Conservation easements work because they allow the landowner to stay on the land, they restrict future inappropriate development and they are drafted as legally enforceable documents that protect the natural features or traditional uses of the land.
  
  
• The best way for landowners to permanently conserve their land is to work closely with an established nonprofit land trust in their community -- one that knows and follows established standards for keeping land permanently protected.

We cannot control what NPR may or may not run in response, but we are requesting a follow-up story and will keep you informed of progress. Also, please let us know if you see any local or regional media coverage that may piggyback on the NPR story. Keep in mind the advice to not perpetuate a story by responding too fervently or too frequently to it.

Please let us know if you see any local or regional media coverage that "piggybacks" on the NPR story. We hope this is helpful, and if you have feedback please contact Jim Wyerman, Director of Communications & Development at 202-638-4725 x 310 or communications@lta.org.

Addressing Policy Issues

Separate from the narrow legal fact that Hicks v. Dowd affects only government-held conservation easements is the larger impact that the case has had, and will continue to have, on policy development. This impact is driven both by public perception and by IRS concerns about conservation permanence.

Despite the limited facts in Hicks v. Dowd, the case is contributing significantly to the discussion about the applicability of the charitable trust doctrine to all conservation easements. It may also drive changes in the tax law to apply the same penalties and reporting requirements to government-affiliated land trusts as are currently applicable to publicly-supported land trusts. Attorney General intervention in conservation easement cases has been rare to date. Experts disagree about the advisability and efficacy of such intervention. For more information about the charitable trust doctrine, read the article by Nancy McLaughlin. See also, the Land Trust Alliance research report entitled "Amending Conservation Easements: Evolving Practices and Legal Principles," from August 2007. It can be found on The Learning Center. You will need to login in, click on Library and search by the report title.

Ultimately, the applicability of the charitable trust doctrine and the involvement of Attorneys General are questions of state law.

This debate also supports the need for additional outreach by the Alliance and the land trust community to all government easement holders. Alliance staff is working closely with federal government holders, and some state holders to help them better prepare for conservation permanence.

Addressing Practice Issues

Hicks v. Dowd illustrates the problems with groups accepting conservation easements that do not have the knowledge, resources or resolve to steward them. Full implementation of Land Trust Standards and Practices, as applicable to each individual conservation organization, is one way to ensure conservation permanence. Land trusts can minimize risks of conflict with careful land protection criteria, strategic conservation planning, appropriate evaluation of conservation options, thorough baseline documentation of conservation easement-protected land, annual visits and good communication with landowners. The purposeful protection of land and strategically directed conservation also will help prevent future challenges.

The rapid increase of land protected by private land trusts through conservation easements makes it likely that the proposed termination and modification of conservation easements will become more frequent. This is particularly true as conservation easements age and as ownership of conserved land changes. Conservation easement holders can address these issues by adopting and implementing written policies on conservation easement amendments, termination, condemnation and enforcement.

Nancy McLaughlin aptly observed that "as the cache of conservation easements in this country continues to grow, and as those easements, the vast majority of which are perpetual, begin to age, it will become increasingly important to determine whether, when and how easements that no longer accomplish their intended conservation purposes can be modified or terminated." (Nancy A. McLaughlin, "Rethinking the Perpetual Nature of Conservation Easements," 29 Harvard Environmental Law Review, 422, 424 (2005) at www.law.harvard.edu/students/orgs/elr/ and at http:// learningcenter.lta.org/objects/view.acs?object_id=17089.

Equally important is building sufficient skills in all land trusts so that termination can be avoided. Many tools exist and more can be created, that allow issues such as those raised in Hicks v. Dowd and in Walter v. Otero County Land Trust to be addressed without easement termination while still preserving the landowner relationship. Land trusts are encouraged to conduct annual visits to conserved land, build trusting landowner relationships, especially with successor owners, provide landowners access to conservation education and resources, and keep sufficient records to uphold an easement's conservation purposes.

Exercising due diligence prior to completing a conservation transaction is also critical. The due diligence required to satisfy the IRS requirements for tax-deductible easements and that required to ensure permanence and ease of stewardship often are different and require different practices. Land trusts can learn from Hicks v. Dowd that a prudent course of action includes a conservation with owners of any severed mineral interest, even if the landowner has obtained the "remoteness letter" required by the IRS. In a best-case scenario, the mineral rights holder may agree to extinguish its rights or subordinate them to the conservation easement. At a minimum, this conversation serves to notify the mineral estate holder of the conservation easement and provides an opportunity for the land trust and landowner to convince the holder to limit its area of exploration or its extraction activities in such a way as to minimize the adverse impact on the conservation resources.

A close reading of the Treasury Regulations at section 1.170A-14(g)(4) and the examples cited indicate that further steps for severed oil and gas interests may be required in order for the easement to qualify as a charitable deduction. While limited, localized disturbance that does not interfere with the overall conservation purpose is permitted, any extraction activities that are "irremediably destructive of significant conservation interests" must be prohibited. To be bound by the terms of the conservation easement, the owner of any minerals whose claim predates the easement must subordinate his or her interest in the minerals to the easement. Land trusts must take additional steps to minimize the adverse impact of all pre-existing legal rights on conserved land to uphold conservation permanence.

Attorneys can also help with better drafting of conservation easements, anticipating potential conflicts and resolving them beforehand. Attorneys and land trusts can help grantors and successor landowners understand the full implications of a permanent conservation easement before they either place an easement on their land or buy conserved property.

In addition, for those unanticipated dilemmas that often occur with a permanent conservation easement, there is a critical middle ground in response to conflicts, such as those shown in the two cases above. Experienced land trusts understand that conflict resolution does not have to result in either land trust capitulation or aggrieved landowners. There can be a satisfactory solution for all that upholds conservation easement purposes, complies with the law and addresses landowner concerns. Knowing how to balance those issues and being expert in addressing problems and finding solutions are the hallmarks of effective conservation organizations.

When voluntary solutions fail, land trusts and their attorneys also must be prepared to defend easements in court if necessary. For many land trusts without sufficient funds for defending easements, the cost of a single lawsuit could threaten the land trust's survival. Congress and the IRS have both raised questions about the ability of land trusts to defend their easements. Currently, land trusts have no conservation defense insurance available. If a land trust fails to properly defend an easement, it could result in bad case law that may jeopardize easements held by other organizations across the United States. To address these threats, it is essential for all conservation easement holders to exercise leadership to ensure the permanence and quality of land conservation. Implementing Land Trust Standards and Practices is one method to accomplish this goal. Working with the Alliance on collective conservation defense in another.

It is worth noting that several government agencies have adopted Land Trust Standards and Practices and are managing conservation easements and landowner requests responsibly and effectively. These groups are to be applauded and used as models for government conservation everywhere on the thousands of conservation easements and fee-owned land under the care of local, state, and federal government.

Conclusion

The land trust community and the Alliance are working to make all land trusts strong and all conservation permanent. As the work of land trusts becomes more visible, however, new threats to conservation easements and fee-owned properties will occur. These threats may come from successor landowners, neighbors or others in the community who do not share the conservation vision of the original grantor, or from lack of public confidence in the permanence of conservation.

The best way to prevent and prepare for challenges to conservation easements and land trusts owned land is to implement good practices, as defined in Land Trust Standards and Practices. How a land trust responds to a potential violation or to a landowner request, especially for amendments or termination of a conservation easement, affects the enforceability of that easement and potentially all other easements. It also affects the public trust and confidence in conservation as a whole as demonstrated by the NPR feature on the Wyoming easement termination.

Conservation easements are new legal tools, and the enabling statutes have not been in place long enough for the development of a full body of case law. As the first cases make their way through state court systems, they are likely to be cases of first impression. States without case law on the topic will look to those states to inform their decisions. It is important that land trusts work together to defend conservation permanence and build a strong body of favorable case law in every state.

Conservation organizations concerned with the credibility and sustainability of conservation, therefore, may want to do everything possible to ensure good practices and sound policies and implement their programs to uphold conservation permanence.