- If a conservation agreement is threatened with expropriation;
- Work diligently to avoid a net loss to conservation values and document the actions taken.
- Have or obtain appropriate documentation of the percentage of the full value of the property represented by the conservation agreement.
- In circumstances where a net loss of conservation values cannot be avoided, document the land trust’s attempts to receive its proportional share of the proceeds and use any proceeds in a manner consistent with the conservation agreement deed.
- Provide prompt notification to relevant parties, including the expropriating authority and Environment and Climate Change Canada, if the conservation agreement is certified as an ecological gift.
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 and, to the extent possible, work with the expropriating authority to craft remedies that reduce these impacts or allow for additional conservation action.