Fact Sheet - FAQ
1. What are land trusts?
Land trusts are private, non-profit corporations dedicated to the purpose of helping landowners voluntarily conserve their undeveloped land.
2. How does a land trust protect land from development?
Acquisition of fee ownership: A land trust can acquire conservation
land, either by purchase or by gift. A land trust is limited by its corporate
powers to using the land solely for conservation purposes.
Acquisition of conservation easements: A land trust can either buy or be given a conservation easement. The easement defines what rights the landowner retains, and what rights and responsibilities the land trust acquires. Each easement is unique.
3. What is a Conservation Easement?
A conservation easement is a legal agreement between a landowner and a land trust that permanently limits uses of the land in order to protect its significant natural features. The easement allows the owner to continue to own and use the land, and to sell it or pass it on to heirs.
4. How does a Conservation Easement work to prevent development?
The land trust is obligated to
enforce the specific terms of each easement. The land trust carries out its stewardship responsibilities by
regularly scheduled monitoring of the property, by regularly scheduled meetings
with the landowner(s) to work through problems of complying with the easement,
and by legal action, if necessary, to correct violations of the easement. Contributions to the Stewardship fund are negotiated case by case.
5. Why is there a need to have local land trusts?
Local land trusts, unlike municipalities, have only one purpose: to hold land and easements in perpetuity for conservation purposes. Municipal governments are not in the business of land conservation. State agencies and statewide land trusts cannot meet the need for land conservation in every community in the state.
6. What are the benefits and costs of land conservation to municipalities?
Benefits: Land trusts preserve land and water resources for public
access, public recreation, forest production, agriculture, and wildlife
habitat. Open space requires less services than development.
Costs: Conservation lands may generate lower tax revenues for the municipality.
7. What are the benefits and costs of an easement to the landowner?
Benefits: The owner’s undeveloped land will be preserved in perpetuity; and property, income, and estate taxes may be lowered.
Costs: The owner will give up at least some development rights forever, and will be asked to contribute to a fund set aside to pay for land trust stewardship costs.
IF YOU HAVE MORE QUESTIONS PLEASE CONTACT US AT: info@3rlt.org