Conservation Process

OUR PROCESS FOR PLACING A CONSERVATION EASEMENT (CE) ON A PROPERTY

  • Landowner and Tecumseh Land Trust  representative (TLT) make initial contacts, explore what the landowner would like to preserve and protect and what a land trust can and can't do.
     
  • TLT supplies landowner with this outline and additional information about CEs, land trusts, TLT, examples of CEs TLT now holds, and costs of monitoring and enforcing a CE.
     
  • Landowner and TLT walk the land, getting a clearer idea of what landowner would like to preserve and what TLT is capable of doing.
     
  • Landowner develops a list of what s/he would like to preserve, consulting advisers (family, friends, accountant, attorney).
     
  • Landowner and TLT go over the landowner's conservation list and decide whether to continue, i.e., whether to begin drafting a CE document.
     
  • If landowner and TLT agree to go ahead, TLT Board is given permission to walk the land.
     
  • TLT Board hears report from TLT ; Board members walk the land.
     
  • TLT Board decides whether to authorize its rep to negotiate a CE.
     
  • Landowner and TLT meet and draft and re-draft a CE, until it seems about right. TLT is prepared to do the actual drafting, if that is the landowner's wish.
     
  • Landowner and TLT consult with their advisers (TLT: monitoring committee, easement review committee, and TLT Board),
     
  • Landowner and TLT draw up near-final CE draft.
     
  • Near-final draft is examined by both parties' attorneys.
     
  • Landowner and TLT draw up final CE draft.
     
  • Final CE draft is considered by TLT Board; president and secretary are authorized to sign (perhaps with some recommended minor alterations).
     
  • Landowner gets appraisal, as required by IRS if landowner wants a federal personal tax deduction, within 60 days of recording.
     
  • CE is signed, witnessed and notarized.
     
  • CE is recorded.
     
  • Landowner pays for costs associated with easement creation and redo.
     
  • TLT monitors and enforces CE forever.