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Conservation Easements

A conservation easement is a legal agreement in which a landowner conveys certain specified rights to the holder of the easement. Conservation easements are usually given to qualified non-profit, charitable land conservation organizations or public entities.

Typically, a conservation easement restricts development while at the same time allowing other traditional uses. The easement holder enforces the terms of the easement, but the restrictions depend mostly on the landowner's needs. An owner might want to prevent development in a prime scenic area or wildlife habitat but still allow the cutting of timber or building of a structure in a less vulnerable portion of the property.

Easements are legal agreements that convey one person's rights to another individual or group. Conservation easements convey development rights to easement holders, and usually bind the landowner to mutually agreed upon guidelines for protecting the property in other ways as well.

Conservation easements are essential in some developed areas of the country, but can reward farmers and forest landowners in any area for benefits their property provides to all citizens. Easement options are varied and quite flexible to landowner’s needs, while still promoting controlled and orderly development. Easements are necessary because even as our population grows, each individual uses on average four times the land area individuals did forty years ago. The environmental benefits of conserving rural lands are also economic benefits. This allows localities as well as state and federal agencies to allocate resources and tax incentives to encourage rural land conservation.

Virginia Forest Service and Land Care serves as the liaison between landowners and governmental or private organizations that hold conservation easements. We work hard to find the best program and options that will benefit rural landowners and their community.  These options allow landowners to restrict the use of their land, either for the long term, or in perpetuity.  We also obtain and provide both legal and financial consultation from qualified professionals prior to committing to an easement to insure landowner’s goals are met and financial returns are maximized.

 


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