Conservation Easements
Conservation easements are one of the most powerful and effective tools available for the permanent conservation of private lands. The use of conservation easements has successfully protected millions of acres of wildlife habitat and open space across the county, keeping land in private hands and creating significant public benefits. Landowners place conservation easements on their property because they want to protect it beyond their lifetimes. Easements help them fulfill their vision for the future of their lands and waters.A conservation easement is a transfer of usage rights which creates a legally enforceable land preservation agreement between a landowner and an easement holder for the purpose of conservation. It can restrict real estate development, commercial and industrial uses, and certain other activities on a property to a mutually agreed upon level. Conservation easements selectively target only those rights necessary to protect specific conservation values.
The decision to place a conservation easement on a property is strictly a voluntary one where the easement is sold or donated. The restrictions are binding to all future landowners and remain with the land.
The primary purpose of a conservation easement is to protect timber resources and other valuable natural resources such as wildlife habitat, clean water, clean air, or scenic open space by separating the right to subdivide and build on the property from the other rights of ownership. The landowner who gives up these “development right” continues to privately own and manage the land, but has contributed to the public good by preserving the conservation values associated with their land or future generations.
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