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What is a Conservation Easement?

conservation easement
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What is a Conservation Easement?

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A conservation easement is a legal agreement a willing property owner makes to restrict the type and amount of development that may take place on their land. The conservation easement is either donated or sold to the state. In this agreement some land uses are prohibited or restricted through conveyance of certain land rights. The landowner retains title and all remaining land rights not specifically conveyed or prohibited in the easement.

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A conservation easement is a written agreement between a landowner and the State of North Carolina that protects water quality by maintaining or establishing natural vegetation in a streamside or wetland parcel or buffer. All conservation easements used for the North Carolina Ecosystem Enhancement Program (EEP) purposes are perpetual and will forever transfer with the land to maintain its integrity. The property under conservation easement cannot be used for commercial, residential or industrial development or cultivation, but instead will be kept in its natural state.

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A conservation easement (or conservation restriction) is a legal agreement between a landowner and a land trust or government agency that permanently limits uses of the land in order to protect its conservation values. It allows you to continue to own and use your land and to sell it or pass it on to heirs. When you donate a conservation easement to a land trust, you give up some of the rights associated with the land. For example, you might give up the right to build additional structures, while retaining the right to grow crops. Future owners also will be bound by the easement’s terms. The land trust is responsible for making sure the easement’s terms are followed. Conservation easements offer great flexibility. An easement on property containing rare wildlife habitat might prohibit any development, for example, while one on a farm might allow continued farming and the building of additional agricultural structures. An easement may apply to just a portion of the property, and need no

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According to the Michigan Society of Planners, a Conservation Easement is a legally binding restriction on a property, which limits its use or activity. Conservation easements can be used to protect land, especially that which is environmentally sensitive or unique, from the encroachment of new development. The property owner usually volunteers conservation easements. There are advantages to both community and landowner in the granting of conservation easements. The donation allows the community to receive the benefit of open space without the cost of purchase. For the landowner, the donation of conservation easements will typically result in federal tax savings.

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A conservation easement is a voluntary legal agreement that permanently restricts specified activities on a piece of property, in order to protect conservation values such as forest ecosystems, wildlife habitat, biodiversity, water quality, open space and carbon sequestration. The conservation easement is granted by the property owner to a conservation organization or government agency. The restriction stays with the property and is binding on all future owners. Conservation easements are site-specific documents that help landowners ensure that important natural values are protected forever, while keeping the property in private ownership and use.

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