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
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.