Conservation easements are a sustainable development land grab

Are you about to sign a conservation easement contract? Please hold off until you read this. Your signature will, in essence, split the estate on your property. You are releasing to a land trust, the controlled "use" of the land and development rights, while you retain title to the "land" and remain responsible for all costs of ownership . . forever. It will be virtually impossible for you, your heirs or a purchaser, regardless of circumstance, to over-ride this contract agreement. Differences of opinion with the land trust concerning interpretation of contract terms may eventually lead you to seek court settlement. Unfortunately you, the owner of the land, are committed to bearing all court costs if you lose, which in all likelihood you will. Furthermore, they you can take you to court if they decide you are not adequately meeting contract obligations. You will bear all legal costs including their high priced attorneys. And if your current friendly land trust shows too much leniency, another more demanding third party agency can step in, take over and rule with a firmer hand possibly in the interests of "the environment". For various reasons including financial difficulty or family disagreements, you or your heirs may attempt to sell all or part of the property. The contract prevents dividing or selling off portions. Prospective buyers are limited for easement encumbered land; the larger the acreage the more limited. Basically it is hard to get rid of...ESR