JMRPWG agenda 102898 - Laserfiche WebLink

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Given this legislative authority, Orange County could carry out essentially the same activities that a land trust can . There are, however, real or perceived difficulties with the County assuming such a role . First, there is the perception that lands owned and/or managed by the County would be subject to changes in the make-up of the governing board . The same skepticism could cause potential donors to be less willing to donate their property, or conservation easements on their property, to the County than to an independent nonprofit land trusi . A Local Government Land Trust. If other organizations are to play limited roles or the County' s role is a concern, an alternative to consider is a "local government land trust" or trust created and/or funded by a local government . There are only a handful of such trusts in the nation, including the Block Island Land Trust, the Davis Rural Land Trust, the Narragansett Land Trust, the Annapolis Conservancy Board, and the Severn River Land Trust . To address the concern of local government involvement, Orange County could play an active role in the creation of a land trust . To create an independent organization which provides for local government participation, the initial board of directors could be appointed by the Board of Commissioners for staggered terms after solicitation of applications from the community. With respect to financial resources and staffing, the County could provide interim assistance until the board of directors was appointed and the land trust was fully operational . However, until the trust had evolved to the point that it had an operating budget and fundraising efforts were established, County financial assistance and staffing could be expected . Setting Up a Land Trust The first step in forming a land trust is to set it up as a legal entity; e. g. , as a nonprofit tax- exempt charitable corporation. Forming such a corporation has four main components, including forming the board of directors; drafting articles of incorporation; drafting bylaws; and obtaining tax- exempt status . Forming the Board of Directors Forming the board of directors is the single most important factor because the board is the land trust . Under the North Carolina Nonprofit Corporation, members of the board of directors are those persons who are responsible for the management of the corporation. A nonprofit corporation is required to have at least one director or it may have more. The articles of incorporation or the bylaws may contain provisions for electing the directors . If a corporation has members , and, if the articles of incorporation or bylaws permit, the directors may be elected by the members . Otherwise, the directors are elected or appointed in the manner and for the terms as provided in the articles of incorporation or bylaws . How many board members should a land trust have? A common and generally effective board size is about nine to 15 people? Smaller boards communicate and arrive at decisions more effectively, but risk being overworked . Larger boards offer greater resources of time and talent, but can find it difficult to get much done with so many people involved in decisions . R