Orange County NC Website
For land trusts, holding a conservation easement is often less expensive than holding land . In <br /> fact, it may be preferred where the trust is able to negotiate restrictions that protect the property ' s <br /> conservation resources . As part of the acquisition process, the land trust will need to conduct a <br /> baseline data inventory to establish - the condition of the property at the time the easement is granted . <br /> The trust must also have access to the professional advice needed to acquire the easement and must <br /> be sure it will have the personnel and financial resources to monitor and enforce the easement in the <br /> future . <br /> For the community, conservation easements may be popular because they keep the property <br /> in private ownership and on the property tax roles . For the landowner, the terms of the easement can <br /> be crafted to meet the landowner ' s needs . An easement can be granted on all or part of the property, <br /> and public access need not be allowed . For example, conservation easements can be used in the case <br /> of "limited development" projects, where a property is partially developed but its major conservation <br /> values are protected . Where the landowner continues to own the larAo he or she can use it, sell it or <br /> bequeath it, subject to the terms of the easement. Likewise, all subsequent owners are bound by the <br /> restrictions in the easement . <br /> There are two sources of information that should be consulted about conservation easements . <br /> The first source is Article 4 of Chapter 121 of the N. C . General Statutes and * is known as the <br /> "Historic Preservation and Conservation Agreements Act" (see Appendix K) . It contains the <br /> provisions which authorize State government agencies, local governments, and nonprofit <br /> corporations to enter into conservation agreements with private landowners for the purpose of <br /> holding conservation and preservation easements or other interests in land . <br /> The second source is The Conservation Easement Handbook: Managing Land Conservation <br /> and Historic Preservation Easement Programs, written by Janet Diehl and Thomas S . Barrett for the <br /> Land Trust Alliance and Trust for Public Land in 1988 . A companion text, Model Conservation <br /> Easement and Historic Preservation Easement, 1996, by Thomas S . Barrett and Stefan Nagel, <br /> contains revised easements and commentary from The Conservation Easement Handbook (see <br /> Appendix L) . The conservation easement has served as a model for land trusts nationwide, including <br /> easements held by the Triangle Land Conservancy . <br /> In 1995 , 414 acres were managed under easement by the Triangle Land Conservancy in the <br /> six-county Research Triangle region, of which 171 acres (41 . 3 %) were located in Orange County . <br /> Appendix M contains the conservation easement for Maple View Farm, a 300 - acre farm in Bingham <br /> Township owned by Bob and Chris Nutter, and farm manager, Russ Seibert . Held by the Triangle <br /> Land Conservancy, the initial 107 -acre easement represents the first phase of a conservation plan that <br /> combines limited subdivision of the property with protection of natural, agricultural, and scenic <br /> lands . Combined with the conservation objectives is an economic development plan of pasteurizing, <br /> bottling, and selling Maple View Milk. After the tax incentives from the first easement are used up , <br /> the remainder of the farm will be put under easement . <br /> Temporary Agreements . Temporary or nonbinding agreements are used when permanent <br /> protection does not suit the land trust ' s or landowner ' s needs and wishes . In such instances, the trust <br /> believes that the property ' s conservation value is h its resources i not great enoug to put nto <br /> 4-24 0. 4 <br />