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  • E. Expropriation

    Background Conservation lands may be subject to acts of expropriation. In these instances, a land trust should be prepared for the expropriation action, including having an understanding of the value of the interests being condemned. A land trust should evaluate the impact of the expropriation action on the conservation values…

  • D. Contingency Strategy

    Background It is vital that every land trust consider what will happen to its assets if the organization ceases to exist, and plan accordingly. A land trust may evaluate other potential conservation owners in its area and discuss with them the potential to transfer its conservation lands if the land…

  • C. Inspecting Land Trust Properties

    Background A land trust that holds property also takes on a responsibility to the public and has certain legal liabilities for injuries that occur on the land. Thus, at a minimum, a land trust needs to monitor each property to ensure it is not damaged by malicious or negligent acts,…

  • B. Land Management and Stewardship

    Background Many land trusts find it useful to develop general stewardship policies or principles to guide the management and use of their properties. These general policies or philosophic principles may be adapted in individual management plans to address the specific needs for a particular property. Stewardship policies or principles might…

  • A. Funding Land Stewardship

    A. Funding Land Stewardship Background This practice emphasizes the need to review immediate and long-term costs of holding land and to secure operating and/or dedicated funds to carry out the land trust’s responsibilities. A land trust should determine the amount of funds it will need to properly care for the…

  • J. Partial or Full Extinguishment

    Background In rare instances, a conservation agreement may be extinguished (for instance, when a conservation agreement holder merges fee and conservation agreement interests). In some provinces, certain forms of extinguishment must be court-ordered or court-approved. Extinguishments may occur where, changes to the surrounding landscape, have negated the ecological value of…

  • I. Expropriation

    Background Conservation agreements may be subject to acts of expropriation. In these instances, a land trust should be prepared for the expropriation action, including having the percent of value data for the interests being condemned. A land trust should evaluate the impact of the expropriation action on the conservation values…

  • H. Amendments

    Background While conservation agreement amendments are not common, land trusts should expect to receive requests for amendments and may, in certain circumstances, wish to initiate an amendment to strengthen a conservation agreement, recognize a boundary adjustment or clarify language. Most land trusts, when faced with their first amendment request from…

  • G. Contingency Strategy

    Background It is vital that every land trust consider what will happen to its assets if the organization ceases to exist, and plan accordingly. One strategy is to include backup or contingency provisions in the conservation agreement. This strategy may not be effective, however, without alerting the potential backup grantees…

  • F. Approvals and Permitted Rights

    Background Many conservation agreements contain specific reserved rights or require that the land trust approve certain landowner actions. It is essential that land trusts track these rights and approvals in order to evaluate their capacity to steward the conservation agreement, respond to landowner information requests and prepare for any enforcement…