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I volunteer with a regional land trust, and I think you're maybe misunderstanding the conservation easement process, or at least it's typical application. The
by atourgates 4y ago
I volunteer with a regional land trust, and I think you're maybe misunderstanding the conservation easement process, or at least it's typical application.
The typical process is:
Private Landowner Decides they want to conserve their land.
They work with a Land Trust to define, and put in place the restrictions of that conservation easement. Those typically restrict development (though the landowner can in some cases "carve out" future building sites), and depending on the goals of the landowner and land trust, could allow things like agriculture, forestry, recreation etc..
I'm sure there's a conservation easement somewhere that restricts public access, but I've never seen one. Most commonly, the land stays inaccessible to the public just like it was before the easement, but nothing in the legal language of the easement prohibiting future public access.
(One conservation easement manager half-joked that every easement we do has public access potential, it just might take a few generations for that potential to be realized).
Next, that easement goes through the legal process of being put into place. Now, that land is subject to the restrictions of that easement forever. And it's the job (legal responsibility) of the Land Trust that holds the easement to regularly monitor the easements they hold, and make sure they're followed.
However, the original landowner still owns the land, just like before. If they sell the land, or someone inherits, it's still (de facto) private land, just private land with restrictions as to what can be done on it.
Now, there are private landowners who want to open their land to public access, and that's amazing. (We did our first few public access-specific easements this year at our comparatively-small land trust, and we're super excited). There are also times where a landowner puts an easement on their property, and then sells it to someone like a local, regional or state institution to be managed specifically for public access. There was recently a great story about how private individuals stepped in to conserve land, and then later transferred it to Washington State Parks[1].
There are also times when a property might transfer ownership, as well as the easement, to a Land Trust. We actually have one of these that we basically operate as a public park. But, that's like less than 2% of the total easements we hold.
So, to your points, I guess I would say:
The process of conservation easements by large _increases_ the amount of land available for public access and recreation, not decreases it. And if anyone is becoming a tenant farmer, it's the landowner choosing to become a tenant themselves.
There are times when an outside entity might purchase the easement from the landowner, but again, the landowner's not forced into that transaction.
1. https://www.usnews.com/news/best-states/washington/articles/2021-12-21/washington-buys-more-steptoe-butte-land-to-preserve-it https://www.usnews.com/news/best-states/washington/articles/...
- wolpoli 4y agoThanks for the detailed information. I am curious here: After an easement is added to the property, who has the ability to cancel the easement? Or is an easement non-removable forever?
- atourgates 4y agoI don't work on the legal side, but easements are generally designed to be permanent forever, with some caveats. For example, I believe most conservation easements have some language that allows them to be essentially "moved" in certain circumstances. Say the city needed to build a road through an easement - than that easement could be exchanged for a similar parcel that was conserved in a similar manner nearby or similar. But outside of that and similar narrow exceptions, conservation easements are generally designed to be forever.
- giantg2 4y agoI understand all that perfectly fine. I didn't say that I would decrease public land, simply that these organizations should focus on making the conserved land public. Often times land is willed to the trust and then the trust sells it. This keeps it in private circulation when it could be made public access. Why would a private individual go through the legal risks of opening their land to the public? I highly doubt these lands will become public access in the future as there's zero incentive for it, despite the joke you stated. Land is finite. By placing the restriction on some parcels, that makes it much less likely to find unrestricted parcels due to the demand. Also, people don't live forever. Putting a restriction on future generations is not something of their choosing. My experience with these land trusts has been negative. A friend bought one that permits agricultural use. They wanted to put down gravel in an area for that purpose. The trust said that couldn't do that because it's impermeable... perhaps we can go to the desert and leave you there for a few days with 5 gallons of water poured on a gravel pile. If it's really impermeable, then you'll be fine. The point is, you have to deal with idiots like this and risk getting into legal battle that will exhaust your resources to enforce your (limited) rights on the land. If effect you end up with extremely powerful organizations that have rights over an increasing amount of land, while the "owners" have to bear all the costs and comply. Sounds a lot like being a serf or tenant farmer to me. Is there some choice in there? Not much if you want land. The vast majority of people can't afford real land in the areas where these trusts (and billionaires) are operating, pricing them out due to the constrained supply.