Conservation Easements

Help Support CattleToday:

A retired NRCS individual is point person for the conversation easement. He calls and makes an appointment once a year to ensure that is is being maintained. I will have to go and look at who the conversation group is.
I wonder if he is an 'ACES' hire through the NRCS and completes yearly monitoring on NRCS easement sites for the state office? Just a guess, but what you describe fits the scenario to a T.
 
The attorney is charging us a straight 7%. Add that up over 25+ landowners and he is going to do real well. He says they have to take us to court individually. This power line is pretty unpopular here. So who will be on the jury? Residents of this county. If he beats them in the first couple cases how will they beat to take 25 more of us to court to fight a losing case. And when compare to the cost of building on the location they choose paying the landowners is chicken feed.

I'm not 100% on the exact process. A friend mine went through it probably 10 years ago. I want to say it went to mediation or maybe some boards. When they still didn't agree it went to court. I think they may have even appealed it once or twice. I'm pretty sure it was just a judge and not like a jury, but I'm not 100% on that. I know they "won" and basically were awarded the higher value they thought was due. By the time they paid for the fight though, they pretty much cleared the same amount they negotiated for, originally.
 
I have learned a lot from you guys, so far. I have been doing a lot of research since I last posted. The way that I understand this process is that the first thing I need to do is make my own list of Restrictions and a list of Reserved Rights.

The Restrictions will be things like on subdividing, no open pit mining, confined feeding, etc. The Reserved Rights will include grazing, timber harvest, row crops ( only with grazable cover crops) and such.

I would appreciate any suggestions for either of these lists. Your input and suggestions are considered very valuable to me in this process. Thanks.
 
Not all land can be enrolled in a Conservation Easement. At this time most easement programs require that it is in danger of being changed in a different way. Development is the biggest thing. Many places will probably never be developed so might not qualify.
 
With too many restrictions placed on the property, is there a chance you may be putting future generations in a bind? High property taxes and a limited means of making a profit off the land.

I've heard it described as trying to keep control from the grave. Raise your kids to appreciate the land and trust them to do what is best.
 
Not all land can be enrolled in a Conservation Easement. At this time most easement programs require that it is in danger of being changed in a different way. Development is the biggest thing. Many places will probably never be developed so might not qualify.
The degree to which a piece of property is in danger of development certainly plays a part. Often, a state or organization has an allotted amount of funding available and property owners submit applications. The land the application is for is then proceeded to be ranked against other applications with the highest ranking lands being funded for easements and proceeding down the list until the funds are spent. Unfunded properties may have their application renewed for the next funding cycle. It is true that not all land is eligible. Different easement types have different requirements and disqualifying factors.
 
With too many restrictions placed on the property, is there a chance you may be putting future generations in a bind? High property taxes and a limited means of making a profit off the land.

I've heard it described as trying to keep control from the grave. Raise your kids to appreciate the land and trust them to do what is best.
Depends on what the future generation considers a bind as well as what the current property owner considers a bind. This 'bind' that you are referring to is the exact thing the current landowner intends to do. Oil, Gas, Mining.....included. Its a property owner's decision. Easements aren't for everyone and no one, except for the property owner at the time the easement is applied for, has to accept the easement agreement.
 
With too many restrictions placed on the property, is there a chance you may be putting future generations in a bind? High property taxes and a limited means of making a profit off the land.

I've heard it described as trying to keep control from the grave. Raise your kids to appreciate the land and trust them to do what is best.
Your assumption works until you have a generation that no longer wants to farm. Then what? Do you want to see your land protected, or turned into a high rise by some Mr. Moneybags? or a Superfund site?
 
There are apparently a lot of local properties in these government conservation easements. When land goes into the program here, adjacent landowners are notified by mail. Land behind me, across the road from me, land adjacent to my daughter's place, land across the road from my daughter's business - all in the program as we received notification letters. So, maybe just a coincidence or more likely there is a lot of use of this program here.

I am suspicious that the main motivation for the properties I mentioned is the money received more so than conservation. Seems to me that people here use the program simply to acquire more land. Put some land into the program and receive a chunk of money. Use that money as down payment to purchase more land. Put that new land into the program and receive more money. Buy more land and repeat. Government ends up subsidizing the purchase of land. Land that the farmer might not have been able to afford without the program. May not be that way everywhere, but I see how it works here.

If you read the original post in this thread started in 2006, there was a reference to an article in the Cattle Today magazine. (CT started as a newspaper/magazine about cattle, not as an internet forum.) That article is about taxes and deductions as a result of signing up for the program. Money was the theme of that article more so than conservation.

On the topic of who enforces and administers the terms of the easement, here is my observation of what I see here. I attached in a previous post in this thread a slightly redacted copy of the agreement for a local property in the program. The owner decided to sell the property. Someone who was interested in buying toured the property and met with the local group in charge to better understand the restrictions. They were local people who had some amount of ag or rural background. Obvious from that meeting that they did not understand the program very well. They mentioned that timber could be harvested, but there were steps that would need to be completed including a timber management plan. The person interested in buying the property informed the group in charge that the property had been recently clear cut. No trees left. All sold by the owner already. My conclusion in this case is that no one is checking compliance. Just do what you want unless you get caught due to a complaint. Then pay a big price maybe.

I visited Thomas Jefferson's Monticello estate last week. Very interesting place to visit. But led me to have this thought - if these conservation easements existed in the 1700's and 1800's, I wonder what the terms might have been for future agricultural use. Times and workable practices have changed a LOT. Would they have had enough vision of future ag to write a document that would be timeless to preserve the ag use and still have an economically viable farm? I wonder if the current wording and restrictions in conservation easements will allow properties to remain in productive viable agricultural use in 200 to 300 years. Or if the terms and restrictions will so bind the use of the property that it can only be a historic display or a grown-up wilderness. Forever is a long time and the expectation of being able to craft an easement document now that will allow a farm to remain a useful ag property forever may be hard to achieve. Independent of what you do with a property, you will be forever physically bound to the neighboring properties and how they are used and developed. Remember the little old lady who would not sell her house to the New Jersey casino's and ended up living in a house surrounded by high rise casino's. Did she win or lose?
 
Your assumption works until you have a generation that no longer wants to farm. Then what? Do you want to see your land protected, or turned into a high rise by some Mr. Moneybags? or a Superfund site?
You are assuming that when you are dead you will still care what happens with your earthly possessions.
 
You are assuming that when you are dead you will still care what happens with your earthly possessions.
Not to argue back in favor of easements, but you just moved the goal post. If you don't care what happens when you are dead, why not get the easement and enjoy the monetary windfall?
 
Not all land can be enrolled in a Conservation Easement. At this time most easement programs require that it is in danger of being changed in a different way. Development is the biggest thing. Many places will probably never be developed so might not qualify.
I may be wrong, but I believe that any land can be put in a conservation easement. I have found out that there are criteria to do easements through the NRCS and get compensated. I have no desire for financial compensation.
 
I may be wrong, but I believe that any land can be put in a conservation easement. I have found out that there are criteria to do easements through the NRCS and get compensated. I have no desire for financial compensation.
You may very well be correct. Guess i was thinking about the easements that were compensated.
 
I may be wrong, but I believe that any land can be put in a conservation easement. I have found out that there are criteria to do easements through the NRCS and get compensated. I have no desire for financial compensation.
Sounds like the government conservation easement program is not for you. I believe that a person can put deed restrictions on property that might accomplish what you want. Might be more benefit to get advice from an attorney who specializes in real estate in your state.
 

Latest posts

Top