Tuesday, November 9, 2010

References to responsibilites

The Treasury Regulations in 1.170A-14 (http://www.wildlaw.org/easements/TreasReg1-170A-14-a-d.html) describe the role of the organization put in place to enforce the intent of the easement as:
To be considered an eligible donee under this section, an organization must be a qualified organization, have a commitment to protect the conservation purposes of the donation, and have the resources to enforce the restrictions.

It appears that the underlying assumption in this is that the organization entering into the agreement has "a commitment to protect the conservation purposes of the donation".

I also found a publication on the Minnesota DNR site that also appears to reinforce this general concept:
http://files.dnr.state.mn.us/assistance/sourcebook.pdf
An easement is recorded on a property’s title and "runs with the land;" that is, it is legally binding on not only the present landowner but all future owners of the property. The organization or agency that holds the easement is responsible for regular monitoring (and, if necessary, legal action) to ensure that the terms of the easement are upheld.

It is just unfortunate that this is just a general concept regarding the responsibilities of the organization holding the easement and apparently not something that can be strictly enforced.

I am finding out that the bottom line is that a permanent conservation easement is only as good as the organization holding the easement and put in charge of monitoring and enforcing the terms and their commitment to doing so.

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