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Tractor Talk Discussion Board

Re: Environmental inspection of land and wildlife


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Posted by David - OR on May 06, 2009 at 13:47:43 from (208.67.204.213):

In Reply to: Environmental inspection of land and wildlife posted by jdemaris on May 06, 2009 at 12:24:47:

The land trust buys conservation easements. In return for negotiated payments, the owner gives up the rights to do certain things with the property. The easement may be annual and renewable/cancelable or may be permanent and run with the land. It's a contract between private parties.

They are just trying to do the same thing you are, only on a larger scale and across property lines. To the extent that The Land Trust's Goals align with your own goals, this can be a win-win. If you don't intend to build houses on the land anyway, why not get paid (by them) to grant an easement in which you agree not to build any homes, in return for $$$ payments from them.

Naturally, if the easement is permanent and runs with the land you may devalue the property vis-a-vis a future resale by you. Do the payments make this worthwhile? This is your business decision to make.

What these guys apparently want to do (via the letter) is to scout the property to see if it is worth approaching you with an offer to grant them a conservation easement. They'll also gain an idea what the property is worth (to them) vis-a-vis their goals for the area. It's kind of like inspecting farm equipment prior to an auction, vs. a "blind" purchase via (say) ebay.

You can let them on the land, and if they like what they see they may offer you a pretty good business deal. You can always say no, or counter-offer some other figure.

There are ways this could go bad. Suppose the land trust finds some endangered species, or some private activity like (say) logging roads that does not meet federal or state laws. The land trust could potentially then call in government to restrict your uses of the land, getting some of what they want without paying you anything for what you'll have to give up.

If you deny them access, they may give you an offer anyway, or they may bypass yours and offer a deal for the neighboring properties. Or they may charter an airplane, scout your property at a low altitude, and gain almost as much as they would from a direct inspection.

You could write them a letter in which you deny access but indicate a willingness to talk to them, then see what they are prepared to offer you in return for access and/or future easements.


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