Carbon Projects & Conservation Easements
|
|
- Alicia Black
- 5 years ago
- Views:
Transcription
1 Carbon Projects & Conservation Easements California Council of Land Trusts Conservation Law Forum November 16, 2016 Misti Schmidt Jim Clark
2 Agenda 1. Overview by Jim Clark, North Coast Resource Management What is California Cap & Trade How does an offset project work Recent national and state developments 2. Interaction of Conservation Easements with Carbon Projects Funding ARB Requirements CE Language 3. Tax Treatment of Carbon Credits
3 California Cap & Trade Overview by Jim Clark, North Coast Resource Management 1. What is it 2. How does an offset project work 3. Recent national and state developments
4 Interaction with CEs Famed Bundle of Sticks Development Access Air Water Crops Occupancy Timber Minerals Carbon?
5 The analogies continue! Layer cake of rights and funders Retained Carbon: ARB Retained Development: Owner CE Extinguished Rights: State Agencies and Donors
6 Carbon Carla - 1 A Hypo 8,000 acres in Napa County 5,000 acres of timberland Some grazing and row crops Six existing homesteads, but county zoning permits one residence per 144 acres Outstanding estate tax bill of $10 million Fair market value of the property is $40 million: $20 million attributable to timber, $20 million attributable to development rights Easement value extinguishing development and timber harvest rights is $20 million
7 Carbon Carla - 2 A Hypo Carla approaches Landsaver Land Trust to sell CE for $20 million. Potential funding sources? What if Carla approaches Landsaver Land Trust to sell CE for $10 million and retains the right to do a carbon project to conserve timber? Traditional funders only fund $10 million. Remaining $10 million in conserved timber value can be covered via carbon.
8 Carbon Carla - 3 A Hypo Carbon funds attributable to any timber preserved by the easement can be allocated to Landsaver s purchase price. Carbon funds attributable to Carla s improved forest management above and beyond what the CE requires can be used by the family as a sustainable source of income to cover property carrying costs (and future estate taxes).
9 ARB Requirements and Interaction with CEs Timing Qualified Easement ARB as third party beneficiary of the CE Increased number of credits due to lower risk of violation
10 Sample CE Language Protect continued good forestry Recital: Grantor and Grantee recognize that the Conservation Values of the Property exist today in large part because of the past practices and sound stewardship of Grantor. Both Grantor and Grantee desire to maintain these Conservation Values in perpetuity, by the continuation and adaptive evolution of Grantor s land-use practices pursuant to the terms of this Conservation Easement, including those practices relating to Grantor s natural resource, rangeland and timber management, agricultural operations and other uses, in accordance with the terms and conditions of this Conservation Easement.
11 Sample CE Language Conservation Values / Purpose Values: Forest as more particularly defined in the baseline report and summarized as [describe existing forest conditions]. Purpose: Conserve, manage, and protect the conditions of the Property which allow it to serve as a critical ecological refuge against the impact of climate change and the ability of the forest to store atmospheric carbon as a means to mitigate global warming.
12 Sample CE Language Reserved Rights: Forest Management Sample 1: Grantee has approved and recognized Grantor s desire to manage forestland to create a healthy and more fireresistant, sustainably-managed forest that is capable of producing a periodic income from carbon sequestration projects, timber harvesting and production of other forest products. Accordingly, Forest Management activity, including the pruning and removal of trees, is not prohibited [insert reasonable restrictions, but not complete prohibition].
13 Sample CE Language Reserved Rights: Forest Management Sample 2: Maintenance of a healthy forest and tree cover is integral to wildlife, wildlife habitat, and water quality. Forest Management which meets the laws and regulations of the State of California, and as well as the specific requirements of this Section (Forest Management) shall be permitted. Consistent with the Easement Purposes, it is the intent of any Forest Management undertaken by Grantor to manage through time the complex native forest in balance with the environment (the Performance Goal ). The following goals shall be emphasized to achieve the desired future conditions of the Property: i. Sustainable forest management allowing for generation of periodic income; ii. Increase forest inventory by cutting less than periodic growth; etc.
14 Sample CE Language Reserved Rights: Carbon Rights Project and Baseline: The terms and conditions of this Conservation Easement are intended to support the development, verification, registration and maintenance of a project at the Property (a Project ) pursuant to the Compliance Offset Protocol U.S. Forest Projects adopted by the California Air Resources Board on October 21, 2011 or any successor thereto (the Protocol ), including, but not limited to, any federal program that is consistent with or preempts the Protocol. The terms and conditions of this Conservation Easement, except for the Forest Management provisions contained in Section 5(d), shall be taken into account when calculating the baseline/business as usual of the Property for purposes of establishing carbon credits or other emissions offsets that Grantor proposes to authorize, create, sell, exchange or transfer.
15 Sample CE Language Reserved Rights: Carbon Rights Agency/Grantee Oversight: Grantor will notify Grantee at least thirty (30) days prior to the listing of a Project under the Protocol and Grantee shall promptly furnish a copy of such notice to WCB. Grantee shall include in its annual monitoring report, a summary of any activity by Grantor to establish carbon credits or other emissions offsets with respect to the Property, and Grantor shall provide Grantee with such further information as Grantee may request regarding such activity. No later than twenty (20) days following written request by Grantee (which request shall be made no more than once annually), Grantor shall provide Grantee with copies of all inventories, harvest records, audit materials, and other related documentation compiled for the purpose of establishing or maintaining carbon credits in the previous twelve (12) months.
16 Sample CE Language Reserved Rights: Carbon Rights General Reservation: Subject to the foregoing, Grantor exclusively reserves all carbon rights appurtenant to the Property as may exist on the date of recordation hereof or as may be granted, discovered, created, declared or developed in the future, including but not limited to the right to trade, sell, transfer, or lease these rights, and the right to store, sequester, and accumulate carbon within the Property to the extent such storage, sequestration and accumulation is consistent with the Easement Purposes and the Conservation Values and is captured as a natural consequence of the exercise of the uses permitted herein.
17 Sample CE Language Reserved Rights: Carbon Rights Broad definition: For purposes of this Section, carbon rights and carbon as described herein are rights that currently exist or may come to exist in the future and are associated with the absorption by plants of carbon dioxide from the atmosphere and its conversion to carbon stored in trees and plants on the Property or stored in wood products extracted pursuant to forest management activities permitted herein, and trees and other vegetation and associated roots, surface duff, and organic elements in the soil on the Property.
18 Sample CE Language Reserved Rights: Mitigation N/A to Carbon: Note in Mitigation Credit section that the Carbon Project section governs carbon, not the Mitigation Credit section: The parties acknowledge that Section [X] shall govern Grantor s right to develop, verify, register and maintain a carbon Project and nothing in this Section [Y] shall affect any carbon rights appurtenant to the Property
19 Sample CE Language Avoided Conversion? WCB/SCC: Notwithstanding the foregoing, the Property and the restrictions contained within this Conservation Easement shall not be eligible for an Avoided Conversion carbon project. An Avoided Conversion carbon project is a type of forest project consisting of specific actions that prevent the conversion of privately owned forestland to a nonforest land use by dedicating the land to continuous forest cover through a conservation easement or transfer to public ownership.
20 Sample CE Language ARB Required Language Qualified CE. This Conservation Easement is intended to be a Qualified Conservation Easement as defined in Section 3.5 of the Compliance Offset Protocol U.S. Forest Projects adopted by the California Air Resources Board ( ARB ) on October 21, To that end, if a Project is registered under the Protocol, then during the Project s Project Life (as such term or similar term is defined in the Protocol existing as of the date the Project is registered), ARB shall be a third party beneficiary of this Conservation Easement with the right to enforce all obligations hereunder and all other rights and remedies conveyed to Grantee, including but not limited to standing as an interested party in any proceeding affecting this Conservation Easement. For purposes of clarification, ARB s rights as a third party beneficiary pursuant to this Section 20 will (a) only arise once a Project is registered with the Protocol and (b) terminate concurrently with the termination of the Project s Project Life.
21 Tax Treatment of Carbon Credits & Sales Proceeds When? Issuance and Sale or Sale Only How much? Ordinary or capital asset? Basis of zero or a portion of the underlying land?
22 When? Issuance and Sale Carbon Credit as Cash Equivalent - Cowden Factors: Whether there is an unconditional promise to pay, Whether the promisor is solvent, Whether the contract is assignable to a third party, Whether the contract is subject to a set-off, Whether the contract is readily marketable, and The amount of risk involved. Cowden v. Commissioner, 289 F.2d 20 (5th Cir. 1961)
23 How much? Unclear Tax is generally paid on income, whether ordinary income received in single year for sales or services or short-term or long-term capital gain received upon disposition of a capital asset. Ordinary/Short-Term Capital Gains Rate: ~40% Long-Term Capital Gains Rate: ~25%
24 How much? Unclear Character of Property: Intangible property right issued by the government or credit equivalent to an ecological value Rev. Proc Acid Rain Emissions Credits Private Letter Ruling Mitigation Credits George H. Tempel, et ux., 136 TC 341 (Apr. 5, 2011)
25 How much? Unclear Intangible property right, but see California Code Regs. Tit. 17 Sec (c): Each compliance instrument issued by the Executive Officer represents a limited authorization to emit up to one metric ton in CO2e of any greenhouse gas specified in section 95810, subject to all applicable limitations specified in this article. No provision of this article may be construed to limit the authority of the Executive Officer to terminate or limit such authorization to emit. A compliance instrument issued by the Executive Officer does not constitute property or a property right.
26 How much? Unclear Credits as capital or ordinary asset? Rev. Proc Acid Rain Emissions Credits Capital. Private Letter Ruling Mitigation Credits Capital. George H. Tempel, et ux., 136 TC 341 (Apr. 5, 2011) Capital. (VERY) general litmus test is whether the property is held for sale to customers in the ordinary course of a trade or business. If the recipient of the credit is a dealer in credits, then the asset will be ordinary.
27 How much? Unclear Even if capital, (1) what is the holding period and (2) can the costs of the underlying property and/or the costs of the project be capitalized as part of basis and offset the tax?
28 How much? Unclear Holding Period Rev. Proc Acid Rain Emissions Credits Not payable on issuance, since credits were a permit for the recipient to operate. However, on sale, holding period measured from date of issuance. Private Letter Ruling Mitigation Credits Granting of perpetual conservation easement extinguishing all value in the underlying fee is a disposition of the real property, so gain is calculated against basis in the real property and real property s holding period applies. George H. Tempel, et ux., 136 TC 341 (Apr. 5, 2011) Not payable on issuance, since credits were a tax deduction usable by the recipient. On sale, holding period measured from date of issuance.
29 How much? Unclear Basis Rev. Proc Acid Rain Emissions Credits Not payable on issuance, since credits were a permit for the recipient to operate. However, on sale, basis included cost to acquire the credits, including purchase price. Private Letter Ruling Mitigation Credits Granting of perpetual conservation easement extinguishing all value in the underlying fee is a disposition of the real property, so gain is calculated against basis in the real property. On sale, cost of additional mitigation activities is included in credit basis. George H. Tempel, et ux., 136 TC 341 (Apr. 5, 2011) Not payable on issuance, since credits were a tax deduction usable by the recipient. On sale, no cost was incorporated into basis since the credits were not purchased. Conservation easement costs were allocable to the conservation easement, not tax credits.
30 How much? Unclear: Underlying Property & Costs? Cost Argument The costs of the process resulting in the issuance of the credit can be used to offset the income received: Attorney and consultant fees Project registration fees Commissions Purchase price The property rights given up?
31 How much? Unclear: Underlying Property & Costs? Ecological Value Argument Each credit is property and represents a legal entitlement to the holder equivalent to an ecological value nurtured over time. Gladden Expectation Argument If the property owner acquired the underlying property with the expectation that carbon credits would be obtained, the premium paid for that expectation over the basic cost of the land can be apportioned to the value of the carbon credits.
32 How much? Unclear: Underlying Property & Costs? 1031 Exchange Argument for Underlying Property Allocation Basis of sold property can be transferred to the new property Not applicable in California since the credits are not an interest in real property. Timber Argument IRC 631(b) permits landowner to sell (upon election) standing timber and offset proceeds against the underlying property s basis.
33 Questions? Misti Schmidt Legal and CE Questions Coblentz Patch Duffy & Bass LLP (415) Jim Clark Project Questions North Coast Resource Management (NCRM) (707) ext. 211
TRENDS IN QUALIFIED CONSERVATION EASEMENTS. By: Melinda M. Beck, Esq.
TRENDS IN QUALIFIED CONSERVATION EASEMENTS By: Melinda M. Beck, Esq. What is a Conservation Easement? An easement interest granted by a landowner to a land trust or governmental entity that voluntarily
More informationClimate Change and Conservation Easement Clause Databank
Photograph by Alice Kubler of the Archer Taylor Preserve Climate Change and Conservation Easement Clause Databank (May 15, 2009, last edited June 3, 2009) This Databank is a work in progress assembled
More informationLegal and Tax Issues of Carbon Credit Trading
Legal and Tax Issues of Carbon Credit Trading Prepared by: Michael D. Minton, Esq. & Christine L. Weingart, Esq. 1) Introduction. Just as the concepts of cap and trade and carbon credits are relatively
More informationCONSERVATION EASEMENTS
CONSERVATION EASEMENTS Prepared for the Colorado Cattlemen's Agricultural Land Trust January 2007 By Lawrence R. Kueter, Esq. Isaacson, Rosenbaum, Woods & Levy, P.C. Suite 2200 633 17th Street Denver,
More informationDEED OF EASEMENT STATE OF NEW JERSEY AGRICULTURE RETENTION AND DEVELOPMENT PROGRAM. This Deed is made, 20. BETWEEN, and is referred to as the Grantor;
DEED OF EASEMENT E3E Page 1 of 7 STATE OF NEW JERSEY AGRICULTURE RETENTION AND DEVELOPMENT PROGRAM This Deed is made, 20 BETWEEN whose address is, and is referred to as the Grantor; AND the State Agriculture
More informationConservation Easement Tax Incentives. Mark Megalos Extension Forestry (919)
Conservation Easement Tax Incentives Mark Megalos Extension Forestry (919) 513-1202 CONSERVATION EASEMENTS AND TAX CONSEQUENCES The Farm Bill enhanced deduction to the end of 2009. December 31, 2007- January
More informationDEED OF EASEMENT STATE OF NEW JERSEY AGRICULTURE RETENTION AND DEVELOPMENT PROGRAM. BETWEEN, whose address is and is referred to as the Grantor;
Page 1 of 8 E3-E DEED OF EASEMENT STATE OF NEW JERSEY AGRICULTURE RETENTION AND DEVELOPMENT PROGRAM This Deed is made, 20. BETWEEN, whose address is and is referred to as the Grantor; AND, whose address
More informationHosted by: Berkeley County and Jefferson Farmland Protection Boards and Land Trust of the Eastern Panhandle February 27, Bowles Rice LLP
Hosted by: Berkeley County and Jefferson Farmland Protection Boards and Land Trust of the Eastern Panhandle February 27, 2016 2016 Bowles Rice LLP Conservation Easements, Taxes, and Estate Planning Presented
More information480-a. Taxation of forest land. 1. As used in this section:
480-a. Taxation of forest land. 1. As used in this section: (a) " Approved management plan " shall mean a plan approved by the department for the management of an eligible tract which shall contain requirements
More informationPublic Comments and Staff Responses regarding Highlands TDR Program Deeds of Easement April 23, 2010
CHRIS CHRISTIE Governor KIM GUADAGNO Lt. Governor State of New Jersey Highlands Water Protection and Planning Council 100 North Road (Route 513) Chester, New Jersey 07930-2322 (908) 879-6737 (908) 879-4205
More informationHIGHLANDS TRANSFER OF DEVELOPMENT RIGHTS PROGRAM DEED OF EASEMENT (For Non-Agricultural Property with Bonus Highlands Development Credit Allocation)
SAMPLE DRAFT EASEMENT PREPARED BY Signature Typed or Printed Name HIGHLANDS TRANSFER OF DEVELOPMENT RIGHTS PROGRAM DEED OF EASEMENT (For Non-Agricultural Property with Bonus Highlands Development Credit
More informationDECLARATION OF RESTRICTIVE COVENANTS
DECLARATION OF RESTRICTIVE COVENANTS The Declarant,, is the fee simple owner of the certain real property located in County, Kansas, as described on Exhibit A, which is attached hereto and incorporated
More informationWEST VIRGINIA DIVISION OF FORESTRY Cooperative Forest Legacy Program. Sample Conservation Easement
WEST VIRGINIA DIVISION OF FORESTRY Cooperative Forest Legacy Program Sample Conservation Easement This document is included in the forest legacy kit as an example for information and possible guidance
More informationCONTRACT TO PURCHASE
CONTRACT TO PURCHASE This CONTRACT TO PURCHASE is entered into this day of, 20 by and between Buffalo Erie Niagara Land Improvement Corporation, a New York not-for-profit corporation having an office for
More informationGRANT OF CONSERVATION EASEMENT
Prepared by: Return to: Mississippi Land Trust Mississippi Land Trust Attn: Brian W. Ballinger Attn: Brian W. Ballinger Post Office Box 23 Post Office Box 23 Stoneville, MS 38776 Stoneville, MS 38776 (662)
More informationTHIS DECLARATION OF RESTRICTIVE COVENANTS is made this day of, 20, by ("Covenantor"). RECITALS
Model for Use with Permits Without Mitigation Plans STATE OF COUNTY OF DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is made this day of, 20, by ("Covenantor"). RECITALS
More informationTopics to be Covered
CONSERVATION EASEMENTS Presented by Claire Fiegener, Greenbelt Land Trust Topics to be Covered What is a conservation easement? What is a land trust and how do they relate to conservation easements? What
More informationAllegany County CONSERVATION EASEMENT
Allegany County CONSERVATION EASEMENT (Actual Easement. NY 2011, Format irregularities not in original ) THIS CONSERVATION EASEMENT (hereafter the "Easement") is by and between having his principle residence
More informationConservation Easements and Climate Change
Sustainable Development Law & Policy Volume 8 Issue 2 Winter 2008: Climate Law Reporter 2008 Article 8 1-1-2008 Conservation Easements and Climate Change Daniel L. Aaronson Michael B. Manuel Recommended
More informationGuidelines for Construction of Recreational Buildings and Improvements Greater than 1000 Square Feet Outside Acceptable Development Areas
Guidelines for Construction of Recreational Buildings and Improvements Greater than 1000 Square Feet Outside Acceptable Development Areas The following guidelines are established by the Easement Committee
More informationWhat is a land trust? Their mission is to preserve land via conservation easements and/or acquisition.
Agenda What is a conservation easement? Resources for conservation easements and land trusts Real Property Bundle of Rights Conditions Landowner Benefits Tax deductions Funding Options Required Information
More informationDECLARATION OF RESTRICTIVE COVENANTS
STATE OF MARYLAND COUNTY OF DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS is made this day of, 20, by ( Declarant(s) ). RECITALS WHEREAS, Declarant(s) is/are the owner(s)
More informationACQUISITION AGREEMENT
Quint & Thimmig LLP ACQUISITION AGREEMENT by and between the CITY OF ALAMEDA, CALIFORNIA and CATELLUS ALAMEDA DEVELOPMENT, LLC dated as of 1, 2013 relating to: City of Alameda Community Facilities District
More informationTHIS DEED OF CONSERVATION EASEMENT
NOTICE TO TITLE EXAMINERS: THIS DEED OF CONSERVATION EASEMENT CONTAINS COVENANTS THAT INCLUDE RESTRICTIONS ON THE USE, SUBDIVISION AND OFF-CONVEYANCE OF LAND. THIS DEED OF CONSERVATION EASEMENT ("Conservation
More informationForested Buffer Water Resource Easement Carroll County, Maryland
Forested Buffer Water Resource Easement Carroll County, Maryland FORESTED BUFFER WATER RESOURCE EASEMENT THIS DEED OF EASEMENT, made this day of, in the year nineteen hundred and ninety-five, by and between,
More informationSAMPLE FIRST DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FIXTURE FILING STATEMENT
SAMPLE FIRST DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT, AND FIXTURE FILING STATEMENT By Alan Wayte Dewey Ballantine LLP Los Angeles, California After Recordation This Deed of Trust
More informationThis Deed is Exempt from Taxation under Virginia Code (A)(3) and (C)(4) [no retention of dwelling unit rights] PIN DEED OF EASEMENT
This Deed is Exempt from Taxation under Virginia Code 58.1-811(A)(3) and 58.1-811(C)(4) [no retention of dwelling unit rights] PIN DEED OF EASEMENT THIS DEED OF EASEMENT made this day of, 2007, by and
More informationConservation Easement Stewardship
Conservation Easements are effective tools to preserve significant natural, historical or cultural resources. Conservation Easement Stewardship Level of Service Standards March 2013 The mission of the
More informationCHAPTER 154 RIGHTS OF WAY
CHAPTER 154 RIGHTS OF WAY 154.01 Purpose and Rule of Interpretation 154.09 City Construction and Paving 154.02 Franchise, License or Lease Required 154.10 Design Notice to City 154.03 Fees Required 154.11
More informationPreserving Forested Lands
Preserving Forested Lands Maryland Woodland Stewards October 3, 2014 Megan Benjamin, Western & Central Region Planner Forestlands in Maryland Forests cover 41% of the State 2.6 million acres Ownership
More informationRECITALS. B. WHEREAS, Ranch, its successors and assigns, are referred to in the Easement as the Grantor ; and
Basic Components of Management Plans Associated with Conservation Easement Acquisitions Where A Land Trust Or other third party Is the Grantee April 17, 2012 Key: Text in normal font, without highlight,
More informationJH:SRF:JMG:brf AGENDA DRAFT 4/06/2016 ESCROW AGREEMENT
23090-12 JH:SRF:JMG:brf AGENDA DRAFT 4/06/2016 ESCROW AGREEMENT THIS ESCROW AGREEMENT (the Agreement ) is dated as of May 1, 2016, and is entered into by and between the MT. DIABLO UNIFIED SCHOOL DISTRICT
More informationAGRICULTURAL CONSERVATION EASEMENT
AGRICULTURAL CONSERVATION EASEMENT PDR # [example] Page 1 of 12 BY THIS AGRICULTURAL CONSERVATION EASEMENT agreement, made this day of, 2009, [Insert Grantor Name], (Grantor), whose address is [Insert
More informationREGISTRATION OF FOREST SINK COVENANT TERMS AND CONDITIONS
REGISTRATION OF FOREST SINK COVENANT TERMS AND CONDITIONS December 2010 This covenant template is authorised for use as a Forest Sink Covenant pursuant to section 67Y of the Forests Act 1949. Signed Clive
More informationIntroduction to Conservation Easements. Blair Calvert Fitzsimons Chief Executive Officer
Introduction to Conservation Easements Blair Calvert Fitzsimons Chief Executive Officer 1 What is a Conservation Easement? A voluntary, legal agreement between a landowner and a qualified holder that permanently
More informationEasement Grant of Easement for Habitat Protection
Date: Grantor(s): XXXXXXXXXX Grantee: Tri-Basin Natural Resources District, (hereinafter referred to as Tri-Basin NRD)1308 2 nd St., Holdrege NE 68949 Protected Property: See Exhibit A attached for legal
More informationAbout Conservation Easements
Section Three: Farm Transfer Tools About Conservation Easements Editor s note: One question that our education collaborative has fielded consistently throughout the years is about conservation easements.
More informationA GUIDE TO THE TAX BENEFITS of DONATING A CONSERVATION EASEMENT. By C. Timothy Lindstrom, Esq.
A GUIDE TO THE TAX BENEFITS of DONATING A CONSERVATION EASEMENT By C. Timothy Lindstrom, Esq. October, 2004, by C. Timothy Lindstrom The Jackson Hole Land Trust P.O. Box 2897 555 East Broadway, Suite 228
More informationStaying Connected in the Northern Appalachians
Staying Connected in the Northern Appalachians Potential Conservation Easement Provisions Designed to Explicitly Address Connectivity in the Northern Appalachians Updated and Revised May 2012 In this document,
More informationSPECIAL ASSESSMENT AGREEMENT AND DECLARATION OF NOTICE OF SPECIAL ASSESSMENT
Attachment 7A: Form of Special Assessment Agreement SPECIAL ASSESSMENT AGREEMENT AND DECLARATION OF NOTICE OF SPECIAL ASSESSMENT THIS SPECIAL ASSESSMENT AGREEMENT AND DECLARATION OF NOTICE OF SPECIAL ASSESSMENT
More informationCONSERVATION EASEMENT INCLUDING MITIGATION
After recording return to: GRANTOR: GRANTEE: GRANTEE (Trustee): LEGAL DESCRIPTION: TAX PARCEL I.D. #: REFERENCE # s: WHATCOM COUNTY N/A CONSERVATION EASEMENT INCLUDING MITIGATION This grant of a conservation
More informationAMENDED DEED OF CONSERVATION EASEMENT
Prepared by: Wayne E. Flowers Lewis, Longman & Walker, P.A. 245 Riverside Ave. Suite 150 Jacksonville, FL 32202 Return recorded original to: Mitigation Marketing 1091 W. Morse Blvd. Suite 101 Winter Park,
More informationEXHIBIT A ENVIRONMENTAL COVENANT AND ACCESS AGREEMENT
ENVIRONMENTAL COVENANT AND ACCESS AGREEMENT AFTER RECORDING RETURN TO: Laura Wishik, Esq. Director, Environmental Protection Section P. O. Box 94769 Seattle, WA 98124-4769 GRANTOR AND OWNER: City of Seattle
More informationTransfer of Development Rights
Ordinance Transfer of Development Rights King County s (WA) 2008 ordinance establishes a transfer of development rights program. The ordinance: Sets eligibility criteria for sending and receiving sites
More informationSubmittal of the Minutes from the April 28, 2009 and June 9, 2009 Cabinet Meetings.
AGENDA BOARD OF TRUSTEES DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES JULY 28, 2009 Attachments to the items below can be viewed at the following link: http://www.fl-dof.com/calendar/public_notices.html
More informationAPPENDIX D2. Sample Agricultural Easement
APPENDIX D2 Sample Agricultural Easement APPENDIX D2 Sample Conservation Easement For Agricultural Lands Recording requested, and when recorded, return to: South Sacramento Conservation Agency Street
More informationIRC Section 743(b) Basis Adjustments: Applying the 754 Election to Distributions of Partnership Property
IRC Section 743(b) Basis Adjustments: Applying the 754 Election to Distributions of Partnership Property An Advanced Case Study of Calculations and Considerations TUESDAY, DECEMBER 15 2015, 1:00-2:50 pm
More informationDEED OF CONSERVATION EASEMENT WITNESS THAT:
DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is made on this day of, 20, by, having an address of, ( Grantor ), and Compatible Lands Foundation. an Oklahoma nonprofit public benefit
More informationSIGNIFICANT ISSUES RELATING TO STOCK-BASED COMPENSATION FOR EXECUTIVES
SIGNIFICANT ISSUES RELATING TO STOCK-BASED COMPENSATION FOR EXECUTIVES Materials Submitted By: Scott P. Spector Fenwick & West LLP Palo Alto, California T his outline addresses topics relating to stock-based
More informationMODEL DEED RESTRICTION FOR THE PENNSYLVANIA STATE PROGRAMMATIC GENERAL PERMIT-3 (PASPGP-3) DECLARATION OF RESTRICTIVE COVENANTS FOR CONSERVATION
MODEL DEED RESTRICTION FOR THE PENNSYLVANIA STATE PROGRAMMATIC GENERAL PERMIT-3 (PASPGP-3) DECLARATION OF RESTRICTIVE COVENANTS FOR CONSERVATION THIS DECLARATION OF RESTRICTIVE COVENANTS FOR CONSERVATION
More informationTRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
After Recording Return to: Kitsap County Department of Community Development TDR Program Manager 614 Division St., MS-36 Port Orchard, Washington 98366 TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
More informationMITIGATION POLICY FOR DISTRICT-PROTECTED LANDS
MITIGATION POLICY FOR DISTRICT-PROTECTED LANDS Approved by the District Board of Directors on July 18, 2017 The following Mitigation Policy is intended to inform the evaluation of environmental mitigation-related
More informationConservation Easement Best Management Practices
Conservation Easement Best Management Practices Natural Resources Department April 2013 The mission of the Larimer County Natural Resources Department is to establish, protect and manage significant regional
More informationWith increased media focus on
Conservation easements, the IRS & charity By Robert W. Wood With increased media focus on global climate change, people are paying attention to the environment, and especially to its conservation and preservation.
More informationST CHRISTOPHER AND NEVIS CHAPTER CONDOMINIUM ACT
Laws of Saint Christopher Condominium Act Cap 10.03 1 ST CHRISTOPHER AND NEVIS CHAPTER 10.03 CONDOMINIUM ACT and Subsidiary Legislation Revised Edition showing the law as at 31 December 2009 This is a
More informationThe Provincial Lands (Agriculture) Regulations
PROVINCIAL LANDS (AGRICULTURE) P-31.1 REG 1 1 The Provincial Lands (Agriculture) Regulations being Chapter P-31.1 Reg 1 (effective March 13, 2017) as amended by Saskatchewan Regulations 136/2017. NOTE:
More informationSubtitle H Agricultural Conservation Easement Program
1 1 1 1 1 1 0 1 0 1 0 Subtitle H Agricultural Conservation Easement Program SEC.. [1 U.S.C. ] ESTABLISHMENT AND PURPOSES. (a) Establishment. The Secretary shall establish an agricultural conservation easement
More information1.1. Implements policy and assigns responsibility pursuant to Reference (a) for the disposal of real property.
Department of Defense INSTRUCTION NUMBER 4165.72 December 21, 2007 Incorporating Change 2, August 31, 2018 USD(A&S) SUBJECT: Real Property Disposal References: (a) DoD Directive 4165.06, Real Property,
More informationCONSERVATION COVENANT (Section 77 Reserves Act 1977) IN RESPECT OF IDENTIFIED (NA???/???)
CONSERVATION COVENANT (Section 77 Reserves Act 1977) IN RESPECT OF IDENTIFIED (NA???/???) BETWEEN AND Insert the landowner names here (Please use capital, bold letters and check that the landowner is the
More informationSECOND AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR TUSTIN UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO
SECOND AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR TUSTIN UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 07-1 (ORCHARD HILLS) A Special Tax shall be levied and collected within
More informationCONSERVATION EASEMENT DEED
Return to: CONSERVATION EASEMENT DEED (Riparian Buffer/Wildlife Habitat Model) WHEREAS,, with a mailing address of (hereinafter referred to as the Grantor, which word where the context requires includes
More informationDECLARATION OF RESTRICTIVE COVENANTS. THIS DECLARATION OF RESTRICTIVE COVENANTS made this day of, 200_, by ( Declarant ). RECITALS
DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS made this day of, 200_, by ( Declarant ). RECITALS WHEREAS, Declarant is the owner of the surface of certain real property
More informationNC General Statutes - Chapter 116 Article 21B 1
Article 21B. The Centennial Campus, the Horace Williams Campus, and the Millenial Campuses Financing Act. 116-198.31. Purpose of Article. The purpose of this Article is to authorize the Board of Governors
More information43 USC NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see
TITLE 43 - PUBLIC LANDS CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION 1716. Exchanges of public lands or interests therein within
More informationCONTRACT FOR SALE OF REAL ESTATE
CONTRACT FOR SALE OF REAL ESTATE This is a CONTRACT between (hereinafter Seller or Sellers) and (hereinafter Buyer or Buyers), dated this day of,. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED
More informationA Comparison of Swainson s Hawk Conservation Easements. County of Sacramento City of Elk Grove. Summary Report
A Comparison of Swainson s Hawk Conservation Easements County of Sacramento City of Elk Grove Summary Report Shannon McClure Summer 2010 Purpose Sacramento County and its cities have implemented Swainson
More informationCONSERVATION EASEMENT GRANT AND AGREEMENT. ( the "Grantor") - and - Strathcona County ( the "Grantee")
CONSERVATION EASEMENT GRANT AND AGREEMENT BETWEEN: ( the "Grantor" - and - Strathcona County ( the "Grantee" (the Grantor and the County sometimes referred to jointly as the "Parties" IN CONSIDERATION
More informationGrant Agreement - End Grant for the «1» Project
Metropolitan Council Municipal Publicly Owned Infrastructure Inflow/Infiltration Grant Program Grant Agreement - End Grant for the «1» Project Funded by the State of Minnesota General Obligation Bond Proceeds
More informationRESOLUTION 5607 (10) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lompoc as follows:
RESOLUTION 5607 (10) A Resolution of the Council of the City of Lompoc County of Santa Barbara, State of California, Approving County Of Santa Barbara Resolution Of Intention, Consenting To Participation
More informationNew Brunswick Community Land Trust
New Brunswick Community Land Trust Helping landowners maintain land in production to support our rural economy New Brunswick Community Land Trust For more information about NBCLT or to get involved, contact:
More information15 July Ms E Young Team Leader Protected Area Establishment Department of Environment and Natural Resources Adelaide
15 July 2011 Ms E Young Team Leader Protected Area Establishment Department of Environment and Natural Resources Adelaide PROTECTED AREAS ON PRIVATE LAND DISCUSSION PAPER The Environmental Defenders Office
More informationSAMPLE DEED OF CONSERVATION EASEMENT
This example can be used as a starting point to create a policy or other document for your own land trust, but should be altered as necessary to reflect your organization s unique circumstances using guidance
More informationConservation Easement Donations
Landowner Information Series: Conservation Easement Donations Conservation Easement Donations Thousands of acres of farm and forestland that contribute to the unique, rural character of Vermont have been
More informationPrivate Land Conservation: Conservation Easements. Matt Singer Land Stewardship Manager
Private Land Conservation: Conservation Easements Matt Singer Land Stewardship Manager Galveston Bay Foundation Mission: To preserve, protect, and enhance the natural resources of the Galveston Bay estuarine
More informationCONSERVATION AND PRESERVATION EASEMENTS ACT Act of Jun. 22, 2001, P.L. 390, No. 29 AN ACT Providing for the creation, conveyance, acceptance,
CONSERVATION AND PRESERVATION EASEMENTS ACT Act of Jun. 22, 2001, P.L. 390, No. 29 AN ACT Cl. 68 Providing for the creation, conveyance, acceptance, duration and validity of conservation and preservation
More informationWAC Easement Program Guidelines for Pesticide and Fertilizer Application for the Purpose of Forest Management
WAC Easement Program Guidelines for Pesticide and Fertilizer Application for the Purpose of Forest Management The following guidelines are established by WAC to create standards for the Application of
More informationFSM MINERALS AND GEOLOGY WO AMENDMENT EFFECTIVE 6/1/90 CHAPTER MINERAL RESERVATIONS AND OUTSTANDING MINERAL RIGHTS.
FSM 2800 - MINERALS AND GEOLOGY WO AMENDMENT 2800-90-1 EFFECTIVE 6/1/90 CHAPTER 2830 - MINERAL RESERVATIONS AND OUTSTANDING MINERAL RIGHTS Contents 2830.1 Authority 2830.2 Objective 2830.3 Policy 2830.4
More informationEXHIBIT D ATTACHMENTS ATTACHMENT A ASSIGNMENT AND ASSUMPTION AGREEMENT
EXHIBIT D ATTACHMENTS ATTACHMENT A ASSIGNMENT AND ASSUMPTION AGREEMENT Standard Contract for the Purchase and Sale of Connecticut Class I Renewable Energy Credits from Low and Zero Emission Projects or
More informationClaudia Stuart, Williamson Act Program Manager and Nick Hernandez, Planning Intern
Land Conservation (Williamson) Act Advisory Committee STAFF REPORT September 15, 2014 Prepared by: Claudia Stuart, Williamson Act Program Manager and Nick Hernandez, Planning Intern Subject: Discussion:
More informationORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTER RE: INCLUSIONARY HOUSING
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTER 17.47 RE: INCLUSIONARY HOUSING The City Council of the City of Daly City, DOES ORDAIN as follows:
More informationConservation Easements: Amendments &Violations
Conservation Easements: Amendments &Violations New Jersey Land Conservation Rally March 16, 2016 James Wyse, Coughlin Duffy LLP Judeth Yeany, Green Acres Program, DEP Session Outline Introduction and overview
More informationStandard 11: Conservation Easement Stewardship
Standard 11: Conservation Easement Stewardship Land trusts have a program of responsible stewardship for their conservation easements. Practices A. Funding Conservation Easement Stewardship 1. Determine
More informationTHIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, AND SECURITY AGREEMENT ("Deed of Trust") is made this day of, ("Grantor"), whose
i Recording Requested By and When Recorded Mail To: Tacoma Sewer Utility Conservation Loan Program 2201 Portland A venue Tacoma, Washington 98421 DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY
More informationUpholding Our Commitment to the Land
Upholding Our Commitment to the Land A Stewardship Guide for Conservation Easement Landowners Provided by the Southeast Land Trust of New Hampshire 2016 edition Contents Our Conservation Easement Program....1
More informationEasement Program Guidelines for Water Resources and Stream Work
Easement Program Guidelines for Water Resources and Stream Work The following guidelines are established by the Easement Committee to create standards for reviewing requests by landowners to conduct stream
More informationCONTRACT TO BUY AND SELL REAL ESTATE (LAND)
CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property described below on the terms and conditions set forth in this contract ( Contract
More informationSubmittal of the Minutes from the March 9, 2011, April 5, 2011, and April 19, 2011 Cabinet Meetings.
AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND JUNE 16, 2011 Attachments to the items below can be viewed at the following link: http://www.dep.state.fl.us/secretary/cab/public_notices.htm
More informationAGREEMENT. ("Buyers"), and Mr. Investor., whose address is
AGREEMENT Mr. and Mrs. Homeowner, whose address is ("Buyers"), and Mr. Investor, whose address is ("Investor"), enter into this Agreement (the "Contract") on, 2001, subject to the following terms and conditions:
More informationAppendix H Conservation Easement Template
Appendix H Conservation Easement Template RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) ) ) [Easement Holder] ) [Easement Holder s Address] ) Attention: ) ) _ Space Above Line for Recorder's Use
More informationPERMANENT EASEMENT AGREEMENT. good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, The Esther Harrison
PERMANENT EASEMENT AGREEMENT For and in consideration of the sum of Seven thousand thirty and 00/100 dollars ($7,030.00) and other good and valuable consideration, the sufficiency and receipt of which
More informationSan Francisco Business and Tax Regulations Code
1 of 6 4/5/2018, 7:58 PM San Francisco Business and Tax Regulations Code Sec. 15A.1. Sec. 15A.2. Sec. 15A.3. Sec. 15A.4. Sec. 15A.5. Purpose. Augmentation and Modification of State Law Requirements Governing
More informationBANK FINANCE AND REGULATION Multi-Jurisdictional Survey SECURITY OVER COLLATERAL. USA - MINNESOTA Briggs and Morgan, P.A.
BANK FINANCE AND REGULATION Multi-Jurisdictional Survey SECURITY OVER COLLATERAL USA - MINNESOTA Briggs and Morgan, P.A. CONTACT INFORMATION Steven J. Ryan Briggs and Morgan, P.A. 2200 IDS Center 80 S.
More informationExamples of Agricultural Easement Language
Examples of Agricultural Easement Language Compiled by: Judy Anderson, Columbia Land Conservancy Jerry Cosgrove, American Farmland Trust October 1999, Updated 2003 Based on the belief that a working, commercially-viable,
More informationCONTRACT TO BUY AND SELL REAL ESTATE
CONTRACT TO BUY AND SELL REAL ESTATE THIS CONTRACT TO BUY AND SELL REAL ESTATE ( Contract ) is made and entered into as of April 9, 2018 (the Effective Date ) by and between the City of Pueblo, Colorado,
More informationChapter XX Purchase of Development Rights Program
Chapter XX Purchase of Development Rights Program Short Title. This ordinance is to be known and may be cited as the Purchase of Development Rights ( PDR ) Program. Purpose Pursuant to the authority granted
More informationIOWA SOLID WASTE PROGRAM ENVIRONMENTAL COVENANT
IOWA SOLID WASTE PROGRAM ENVIRONMENTAL COVENANT This environmental covenant is established pursuant to Iowa Code (IC) chapter 455I entitled Uniform Environmental Covenants Act. {INSERT name(s) of fee title
More informationREAL AND PERSONAL PROPERTY (68 PA.C.S.) - PRIVATE TRANSFER FEE OBLIGATIONS Act of Jun. 24, 2011, P.L. 40, No. 8 Session of 2011 No.
REAL AND PERSONAL PROPERTY (68 PA.C.S.) - PRIVATE TRANSFER FEE OBLIGATIONS Act of Jun. 24, 2011, P.L. 40, No. 8 Cl. 68 Session of 2011 No. 2011-8 HB 442 AN ACT Amending Title 68 (Real and Personal Property)
More informationTRANSBAY JOINT POWERS AUTHORITY
STAFF REPORT FOR CALENDAR ITEM NO.: 15 FOR THE MEETING OF: March 10, 2011 TRANSBAY JOINT POWERS AUTHORITY BRIEF DESCRIPTION: Approving a Temporary Easement Agreement (Temporary Easement) between the Transbay
More informationCHAPTER 352 COUNTY LAND PRESERVATION AND USE COMMISSIONS
CHAPTER 352 COUNTY LAND PRESERVATION AND USE COMMISSIONS Referred to in 6B.3, 15E.111, 159.6, 173.3, 455B.275 Chapter does not invalidate ordinances existing on July 1, 1982, or require adoption of zoning
More informationTRANSFER OF DEVELOPMENT RIGHTS CONSERVATION EASEMENT
After Recording Return to: Snohomish County Planning and Development Services TDR Program Manager 3000 Rockefeller Ave. M/S #604 Everett, WA 98201 Tax Parcel Numbers: TRANSFER OF DEVELOPMENT RIGHTS CONSERVATION
More information