Leading off in 1998, Dan Pike of Colorado Open Lands requested that Jessica Jay research options for Colorado Open Lands' individual and collective easement defense, which culminated in the seminal article: Land Trust Risk Management of Legal Defense and Enforcement of Conservation Easements: Potential Solutions, published in 1999.

The Bay Area Open Space Council sponsored Darla Guenzler, now the Executive Director of the California Council of Land Trusts, to undertake research on collective defense resulting in publication of Creating Collective Defense Resources in 2002, and



The Heart of the Rockies land trusts, led by Paul Sihler (left) and then Mike Whitfield (middle), retained Montana attorney Andy Dana (right) to analyze the conservation defense insurance idea.  

Credit is also due to former Alliance staff members Liz Bell, now with the Wilburforce Foundation, and John Bernstein, now with the Northern Sierra Partnership, for helping move the insurance effort onto the national stage.

Land trust leaders have talked about some form of collective defense for over twenty years, but it wasn’t until 2000 that viable national solutions appeared from the western efforts.  We owe these visionary leaders and thinkers a huge ‘thank you’.

It is inspiring to see 454 land trusts, so far, from 47 states join together to uphold conservation permanence.  Almost 70% of the conservation easements in America are committed to the proposed conservation defense insurance program with the exception of the easements held by the 10 largest self-insured land trusts. That collective action is a formidable defense to the numerous and increasing challenges to conservation.

Funders are impressed with this commitment and having even more land trusts join will make raising the necessary $4 million dollars to capitalize the program possible.  So if your land trust is looking at committing to the proposed program, you still have time to join your colleagues across the country.

Questions?  Need help talking with your board about this idea?  Call or write to:
Leslie Ratley-Beach
Conservation Defense Director
Land Trust Alliance
44 Deerfield Drive
Montpelier, VT  05602
802-262-6051 phone and fax
lrbeach@lta.org

Photo Credits
Dan Pike/Photo by Cecelia Thomas
Jessica Jay/Photo by Travis Clark
Darla Guenzler/Photo by Jean Cotton
Paul Sihler/Photo courtesy of Paul Sihler
Michael Whitfield/ Photo by Kisa Koenig Photography
Andy Dana/Photo courtesy of Andy Dana
John Bernstein/Photo courtesy of Northern Sierra Partnership
Liz Bell/Photo by Tim Greyhavens

FOR IMMEDIATE RELEASE

Contact:
Tim Seifert, President
Phone: 360) 468-3202    

Bonnie Sutherland, Board member
Phone:  (902) 425-5263

Website: http://www.nsnt.ca/af/

International Program Announced to Accelerate Land Conservation in Canada

SEATTLE, WA -- The American Friends of Canadian Land Trusts (American Friends) announced today the launch of its ‘Cross-Border Land Conservation Program” to address a longstanding barrier to Canadian land conservation. Tim Seifert, president of the board of American Friends and executive director of the San Juan Preservation Trust in Washington, said that  the Canadian Cabinet’s recent approval of key legislation makes the new program possible and will allow American Friends to work with land trusts in Canada to increase the pace and amount of protection for Canada’s unique natural legacy. The legislation provides tax incentives for US residents to donate their ecologically and culturally significant lands located in Canada to American Friends.

Land Trusts are private, non-governmental organizations that are recognized by the Canadian government as charitable entities. Canada’s land trusts work to conserve the country’s most treasured natural, scenic and working landscapes. Every province has a land trust, each striving to protect what makes its area special. Some focus on small geographic areas while the missions of others such as the Nova Scotia Nature Trust encompass entire provinces. In general, land trusts accomplish their conservation goals by working with private landowners who want to ensure that their properties are permanently conserved, usually using conservation restrictions referred to as conservation easements.

Until American Friends began its Cross-Border Land Conservation Program, Canadian land trusts had been unable to protect many unique and significant conservation lands - from pristine coastline in Nova Scotia and British Columbia, to extensive lakeshore and island habitats in southern Ontario - due to a twist in tax laws. Many of Canada’s most scenic and sensitive lands are owned by Americans. Unlike Canadian landowners, American owners of Canadian land are generally subject to significant Canadian capital gains tax if they wish to protect their properties through donation to Canadian conservation organizations of either their land or easements. even though they receive no money in return.

Thanks to leadership by Canada’s Finance Minister James Flaherty, and strong support from the Environment Minister, Jim Prentice, the Government of Canada approved an amendment to the Income Tax Act regulations to encourage these gifts, for the benefit of all Canadians. The amendment changes the regulations so that gifts of Canadian conservation lands and easements made by American taxpayers to the American Friends will receive the same tax exemptions as those received by Canadians donating to other land trusts. This legislation makes American Friends’ cross-border program operational.

“We are delighted to formally launch our cross-border land conservation program today” said Bonnie Sutherland, Executive Director of the Nova Scotia Nature Trust and a founder of American Friends. “With this decision by the Canadian government, many of Canada’s most significant natural areas can now be protected, forever, not only for the benefit of all Canadians but their neighbors to the south as well.  Many American owners of important conservation land in Canada would like to preserve their land permanently for everyone’s benefit, and now such ‘cross-border’ conservation is possible.” Sutherland’s land trust is already working with American Friends to protect three ecologically important properties in Nova Scotia. The U.S. owners have been waiting for decades for this opportunity, according to Sutherland.

Bill Turner, Executive Director of The Land Conservancy of British Columbia foresees an increased pace for conservation in British Columbia and throughout Canada as a result of the legislation. “The capital gains tax has been a significant obstacle for Americans wishing to conserve their Canadian property and therefore was a problem for land trusts trying to work with those landowners. We are very glad Minister Flaherty recognized this impediment to conservation and moved to correct it.” Turner adds, “American Friends, American owners of land in Canada, and conservationists across the country enthusiastically welcome the government’s recent decision, and the formal launch of American Friend’s Cross-Border Land Conservation Program.”

The government of Canada recognizes the critical role of land trusts and private landowners in Canadian wildlife, habitat and landscape conservation. “Working with private landowners in protecting Canada’s unique natural heritage is a laudable goal our government fully supports,” commented Minister Flaherty. “We believe this recent legislative amendment will give private landowners and conservation groups across the country more tools to accomplish their goals.”

American Friends is a unique charity whose mission is to support Canadian land conservation organizations that protect ecological and historic lands. It achieves that mission by working with conservation-minded American landowners. American Friends, based in Seattle, Washington, makes grants to Canadian conservation organizations using funds donated by both Americans and Canadians who wish to support natural resource protection. The board of American Friends is composed of professional land conservation experts from the U.S. and Canada who are working together across political boundaries to protect Canada’s premier landscapes. American Friends of Canadian Land Trusts is recognized by the Internal Revenue Service as a publicly-supported, Section 501(c)(3) charitable organization.

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About the Rocky Mountain Elk Foundation:
Snowy peaks, dark timber basins and grassy meadows. RMEF is leading an elk country initiative that has conserved or enhanced habitat on over 5.8 million acres - a land area equivalent to a swath three miles wide and stretching along the entire Continental Divide from Canada to Mexico. RMEF also works to open, secure and improve public access for hunting, fishing and other recreation. Get involved at www.rmef.org or 800-CALL ELK.

Joshua Tree, CA – Mojave Desert Land Trust (MDLT) announced today that it has successfully completed the acquisition of 955 acres of pristine wildlife habitat on the northern boundary of Joshua Tree National Park. The acquisition will permanently preserve a section of wildlife corridor required for the movement of bighorn sheep, badger, mule deer, mountain lion and dozens of bird species, in addition to providing pristine habitat for the recovery of the threatened desert tortoise. The acquisition also protects a key aviation corridor fromevelopment which would be incompatible with the mission of the Marine Corps Air Ground Combat Center (MCAGCC) in 29 Palms, CA.

The acquisition was made possible through public and private donations, MDLT’s land acquisition fund, partnership funding provided by the Department of the Navy on behalf of MCAGCC, and Copper Mountain College in Joshua Tree, CA.

The acquisition protects a vital section of wildlife corridor and habitat that reaches beyond the northern boundary of Joshua Tree National Park, where animals must travel in order to survive.The Park maintained its support and commitment to the acquisition throughout the campaign. Curt Sauer,Superintendent of Joshua Tree National Park stated:

“The Mojave Desert Land Trust is our primary partner in conservation of park lands, having acquired over 21,000 acres in the Desert Parks, including Nolina Peak. Over two years ago, Regional Director, Jon Jarvis, confirmed the Park Service's interest in obtaining protected status for these 955 acres. We are happy that MDLT has been successful in their endeavor, and we look forward to working with them to add these lands to Joshua Tree.”

To complete the project, the Department of the Navy and MDLT inked a five-year Encroachment Protection Agreement to partner on land acquisition projects that mutually benefit MCAGCC’s encroachment protection strategies and the Land Trust’s mission to protect wildlife habitat and other lands with high conservation values. The Department of the Navy provided $431,000 to acquire conservation easements on the land, enabling the Land Trust to complete the first acquisition under the agreement. Jim Ricker, Assistant Chief of Staff, G5 Plans at the Marine Corps Air Ground Combat Center, spoke about the acquisition”

"The safeguarding of this property is a win-win for all. In these tough economic times, it helps preserve the jobs on the Marine base by protecting and preserving the mission of the base, as well as provides for pristine land to be here for our children and our grandchildren to enjoy."

In addition to the Department of the Navy and MDLT’s funds, Copper Mountain College (CMC) added $90,000 to the Quail Mountain Project to fulfill mitigation requirements from their Habitat Conservation Plan. The Quail Mountain project will preserve hundreds of acres of high density tortoise habitat that fulfills CMC’s requirement to acquire 30 acres of tortoise habitat.

Nancy Karl, Executive Director of Mojave Desert Land Trust, spoke about the partnerships and the 18-month campaign:

“This is a major victory for our partners, land trust members and for the protection of the Quail Mountain ecosystem. We congratulate and thank the Department of the Navy, the Marine Corps Air Ground Combat Center and Copper Mountain College, along with every one of our Land Trust members, for their unwavering dedication to the project during the last eighteen months. Their commitment to preserving vital desert land ensures that future generations will experience the beautiful natural areas that we appreciate today. We look forward to ushering the land into the safe hands of Joshua Tree National Park for its permanent protection.”

John Simpson, Secretary and founding Board member of the Land Trust, added, “We have done something even greater than purchase 955 acres of land. We have proven that we can overcome great challenges and that great achievements can begin with small risks. In doing so, we have truly grown as an organization. I’m so proud of what we accomplished, and even prouder to know that the effects of our efforts will last forever.”

MDLT will announce a celebration for its members and partners in the near future. For information on the Quail Mountain Project or the Mojave Desert Land Trust, contact Nancy Karl, Executive Director, at 760-366-5440 or visit www.mojavedesertlandtrust.org.

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Contact: Walter Abramson
Director of Development & Communications
1-651-647-9590 | wabramson@mnland.org

Minnesota Land Trust Works with Area Landowner to Protect Anoka County Property from Development

ST. PAUL, MN -- “It’s a little oasis in the middle of a concrete and asphalt jungle.” That’s how William Gombold describes his property, a 44-acre parcel adjacent to the Sandhill Crane Natural Area. Bill Gombold provided the City of East Bethel with a lasting legacy of conservation by completing a land-protection project with the Minnesota Land Trust and the Anoka Conservation District.  

Funding for this project was provided in part by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR). The Trust Fund is permanently funded by Minnesota State Lottery proceeds to ensure future benefits for Minnesota’s environment and natural resources.

Bill describes his property as an ideal mixture of some of the iconic landscapes of Minnesota. It includes hardwoods, bluestem prairie, wetlands, and nearly 2,000 feet of shoreline on Deer Lake and two ponds. “It’s got it all,” Bill says.

The property has been mapped by the Minnesota County Biological Survey (MCBS) and includes the type of land that provides habitat for many species that are finding fewer and fewer places to call home.  These include sandhill cranes and American badgers, both of which have been seen on the property by Bill Gombold.  Other species seen on the property include herons, egrets, coyotes, black bears, Blanding’s turtles, bitterns, and trumpeter swans. The shallow profile of the lake and surrounding wetlands are ideal places for western grebe, northern pintail and other migrating birds that were once plentiful in Anoka County and are now considered “species in greatest conservation need,” defined as wildlife species with small or declining populations or other characteristics that make them vulnerable.

Providing habitat for a diverse group of birds and animals is a driving force behind Bill’s desire to preserve his family land. “I have a deep appreciation for our natural resources and I
realize how unique this piece of property is,” Bill said recently. “It’s given me a lifetime of enjoyment and appreciation for it.”

While Northern Anoka County still appears rural and relatively untouched, in reality it’s facing increasing pressure from residential and commercial development.  The DNR has been supportive of a need for open space. “We’ve had an interest in seeing the Gombold property protected for some time,” said Bryan Lueth, DNR Area Wildlife Supervisor. “It is part of a larger complex of relatively undisturbed land that provides critically important wildlife habitat in a part of the metro area where good habitat is disappearing.”

Indeed, the Minnesota Land Trust places properties like this high on the priority list. Kris Larson, executive director for the Land Trust, explains why. “This property represents a unique, quality natural landscape that’s contiguous to other open spaces, along with a family’s deep commitment to improving and preserving the land for future generations. We’re proud to play a role in helping Mr. Gombold to achieve his goals for his property.”

The Gombold family has a strong connection to this land. The property was originally homesteaded by the Jackson family, and became part of a larger cattle farm. Bill Gombold’s grandfather, Rudy Gombold, leased the property from the Jackson family in the 1920’s to use for seasonal hunting.  Bill remembers his grandfather’s stories about driving from his home in St. Paul along Highway 65, which was a sandy dirt road in those days, in anticipation of a few days hunting. Always looking for ways to improve habitat for waterfowl, the elder Gombold gathered wild rice from a property he owned up north and planted it in the southern end of Deer Lake where it prospered.

As time passed, Bill and his father continued to lease the property from the Jacksons and established a hunting club.  In 1976, there was a severe drought in the area that dried up much of the wetlands and southern end of Deer Lake.  The drought caused the wild rice to die off, and it failed to return the following summer.  Bill contacted the University of Minnesota’s Agricultural Department for assistance in reestablishing the wild rice.  With their guidance, Bill gathered wild rice from the same property his grandfather had 50 years prior and replanted it in the lake when the water levels returned to normal.  The rice quickly became well established throughout the southern end.

Bill purchased the property from the Jackson family in the late 1980’s and lived for many years in a nearby farmhouse.  Although he no longer lives on the land full time, he continues to use it as seasonal hunting grounds and a place to continue his family’s connection to the land.  The property remains in private ownership, and Bill Gombold will still be responsible for managing the property and paying property taxes. However, in order to preserve the property’s outstanding conservation benefits, certain uses of the property are restricted such as industrial or commercial uses, intense residential development or inappropriate land management.  

Completing a conservation easement with the Minnesota Land Trust has been a gratifying experience for Bill. “I didn’t know there were organizations like the Land Trust that will help landowners.” While Bill’s easement took several years and involved a few twists and turns, he maintains that “it turned out good – extremely good. I’m very satisfied with the fact that I don’t have to worry about ever seeing bulldozers on that land.” In fact, a neighbor on an adjoining piece of property has been inspired by Bill’s experience and is considering an easement on his own land.

The Minnesota Land Trust is a non-profit conservation organization working to preserve our state’s natural and scenic heritage through public and private partnerships. It is the state’s only nationally-accredited land trust and operates statewide through regional offices in Duluth, Ely, Red Wing and St. Paul. More information can be found online at www.mnland.org.

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