Colorado s Legal Framework for Three Agricultural Tools:
|
|
- Moses Morton
- 5 years ago
- Views:
Transcription
1 Colorado s Legal Framework for Three Agricultural Tools: Affirmative Language in CEs, for land and water Ground Leases Option to purchase at Agricultural Value or Preemptive Purchase Rights
2 Agricultural Conservation Opportunities Affirmative Requirement for active farming (measured by farm income) in CE Farmer residency required Option to purchase at agricultural value (OPAV) or preemptive right to purchase ensure future sale to another farmer at affordable price Defines permitted and required farming and stewardship practices, while allowing for changing circumstances Option for ground lease on buildings to farmer landowner
3 Affirmative Language in CEs
4 MALT s Mandatory Agricultural Use Provision 1. Requires productive commercial agricultural use. Bill Barboni, Barboni Ranch, Hicks Valley 2. Calls for an Agricultural Management Plan (AMP) written by landowner and approved by MALT at close of escrow to define what productive commercial agriculture is for each property. AMP also contains provisions to protect soil and water quality and to control invasive plant species. 3. Either landowner or tenant (of ground lease) can carry out the plan.
5 MALT s Mandatory Agricultural Use Provision cont. 4. MALT monitors and enforces the MAU provision based on the AMP. Peter Martinelli, Paradise Valley Ranch, Bolinas 5. Plan must be updated every 10 years, with change of ownership, and at the request of the landowner (MALT approves update). 6. If landowner is not willing to conduct the ag use or find a tenant, MALT has the right to find a tenant to carry out the ag use defined in the plan.
6 Affirmative Farming Requirements SSCFLT Agricultural Ground Leases Requirements Conservation plan and/or Organic Systems Plan Income requirement (Livelihood from farming) i.e. $100,000 gross sales annually Annual revenue report to Land Trust Restrictions Land used only for agricultural purposes Grass/hay production requirements: <50% of farmable acres Ornamentals requirement: <25% of farmable acres Production requirement: sold outside a 300 mile radius <50% of annual gross sales 6 I RALLY 2015
7 MALT: Amending Older MALT Easements to Include Mandatory Agricultural Use In 2014, MALT launched a voluntary retroactive MAU program to amend existing agricultural conservation easements to include a Mandatory Agricultural Use provision. Ensures that protected farms and ranches remain in productive agricultural use. MALT pays landowners to voluntarily amend their easements to include MAU provision (currently set at $255/acre). Peter Martinelli, Paradise Valley Ranch, Bolinas Loren Poncia, Stemple Creek Ranch, Tomales
8 Colorado s Legal Framework for Affirmative Language in CE: CRS et seq. allows requirements to farm and requirements to restrict or include water rights Query as to amending existing easements to add affirmative language (CRS silent as to amendment of perpetual CEs so allowed federal laws apply)
9 CRS Allows Affirmative Ag and Water Language: Conservation easement in gross. "Conservation easement in gross", for the purposes of this article, means a right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area, airspace above the land or water, or water rights beneficially used upon that land or water area, owned by the grantor appropriate to the retaining or maintaining of such land, water, airspace, or water rights, including improvements, predominantly in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest, or other use or condition consistent with the protection of open land, environmental quality or life- sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural interest or value.
10 CRS Allows Affirmative Ag and Water Language cont (5) If a water right is represented by shares in a mutual ditch or reservoir company, a conservation easement in gross that encumbers the water right may be created or revoked only after sixty days' notice and in accordance with the applicable requirements of the mutual ditch or reservoir company, including, but not limited to, its articles of incorporation and bylaws as amended from time to time Residual estate. All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage in all uses of the lands or water or water rights affected by the easement that are not inconsistent with the easement or prohibited by the easement or by law.
11 eg: MALT Affirmative Ag CE language 1. Agricultural Use. Beyond the uses specifically permitted and prohibited, Owner and Holder agree that Owner, directly or through an operator or operators responsible to Owner, shall be, and continue to be, actively engaged in Productive Agricultural Uses of the Property. Agricultural Uses are defined in Exhibit B, Section 2 (Agriculture). Productive Agricultural Uses are defined as a level of commercial Agricultural Uses appropriate to the agricultural capacity of the Property for the production, processing, and sale of commercial animal products and/or agricultural crops.
12 eg: Peconic LT Affirmative Ag CE Clause 1.Abandonment of Agricultural Uses Grantor and Grantee intend that the Property shall be actively used for Commercial Agricultural Activities in perpetuity; however, Grantor and Grantee recognize that unforeseen events may necessitate that the Property be taken out of such use temporarily or that Grantor may, for whatever reason, wish to cease conducting Commercial Agricultural Activities on the Property.
13 Ground Leases
14 Ground Leases: How they work Fee simple acquisition of farmland by Land Trust Land Trust partners with local farmer Farmer purchases buildings on the land, but not the land under the buildings Farmer leases land under the buildings, and the farm acreage, from the land trust, through an agricultural ground lease (typically 99 years)
15 Ground Leasing: Why it works The CFLT model is used for two primary reasons: To maintain the affordability of the farmland for farmers To enable the land trust to require active farming on the land Why it works: Farmer builds equity by owning buildings Farmer has long-term security and an affordable lease Land Trust can require active farming and sustainable practices
16 16 Ground lease model enables land trust to Share costs and responsibilities: Sale of the buildings to the farmer recuperates portion of investment. Farmer ownership of buildings incentivizes maintenance, relieves land trust of this responsibility. Lease can include requirement for repair reserve fund and other terms to promote on- going stewardship. Steward land and buildings effectively: Create a strong legal position to enforce the lease requirements and restrictions. Benefit from the ground lease s greater flexibility over time.
17 Ground Leases: Benefits for farmers Affordable access to quality land near viable markets Affordable on- site housing Ability to invest in infrastructure, build equity, and recoup investment Secure land tenure supports farmer s ability to invest in soil, build business
18 Colorado Legal Framework for Ground Leases: There are no statutory restrictions on the term of a lease in Colorado There are no statutory provisions requiring a landlord to allow a tenant to renew its lease There are no state law restrictions on rent. No laws permitting tenants to terminate a lease prior to its stated expiration date apply to commercial leases in Colorado
19 Colorado Legal Framework for Ground Lease cont. There is no Colorado law that limits restrictions on assignment or subleasing There are no legal restrictions on pledging a leasehold interest as security for a financing
20 There are no statutory restrictions on the term of a lease in Colorado, but as a general practice landlords and tenants in Colorado do not enterinto leases for a term longer than 99 years, including renewals. In at least one case, the Colorado Court of Appeals has avoided giving effect to lease language that appeared to grant the tenant an indefinite renewal right. See Carder, Inc. v. Cash, 97 P.3d 174, (Colo. App. 2003), cert. denied (Colo. 2004) (holding that a lease providing an option to renew for successive periods of 5 years each could be renewed for only one period).
21 There are no statutory provisions requiring a landlord to allow a tenant to renew its lease. However, there is precedent that if the tenant holds over, the landlord continues to collect rent, and the lease is silent as to the consequences of holdover, the lease may be deemed to have renewed for a period equal to or less than the original lease term depending on the duration of the original term and the apparent intent of the landlord and tenant. The best practice is to clearly specify the consequences of holdover in the lease document and to adhere to those provisions to avoid waiving them.
22 No laws permitting tenants to terminate a lease prior to its stated expiration date apply to commercial leases in Colorado, but Colorado common law does include a concept of constructive eviction, which is a circumstance in which a landlord either does something or fails to do something that s/he has a legal duty to provide (e.g. the landlord refuses to provide heat or water to the apartment), rendering the property uninhabitable.
23 There is no Colorado law that limits restrictions on assignment or subleasing. However, in the absence of such a restriction in the lease, the tenant can generally assign the lease or sublet the premises. A tenant that is a debtor in a proceeding under the U.S. Bankruptcy Code may have the right to assign its lease without the landlord s consent pursuant to 11 U.S.C. section 365 if the conditions to such an assignment are satisfied, regardless of whether the lease contains restrictions on assignment or subletting.
24 There are no legal restrictions on pledging a leasehold interest as security for a financing but it is typical for Colorado leases to prohibit such a pledge or at least require the landlord s prior consent.
25 Offers for Purchase at Agricultural Value (OPAV) or Preemptive Rights to Purchase
26 OPAV GOAL: Keep conserved farmland in ownership of farmers Make reasonable efforts to assure that conserved farmland is accessible and affordable to future generations of farmers. Option is deterrent to non- farm buyers OPAV on sales to non- farmers based on: > business plan > experience > price
27 How does the Option work? 1. Option not triggered by a sale to a family member or farmer. 2. If buyer is a non- farmer, Purchase and Sale Agreement and Buyer s farm business plan submitted to easement holders. 3. Holders have 30 days to decide to waive or give Notice of Intent to Exercise Option.
28 Role of OPAV in ground lease Land trust holds option to purchase at agricultural value on the buildings Exercising the option Ø Triggers Ø Land trust can assign to farmer, or buy and re- sell As in easement, OPAV can exempt certain sales, such as: Ø Sale to family member Ø Sale to Qualified Farmer
29 State- specific legal guidance needed OPAV in state- wide programs MA & VT Ø Right of first refusal or option? Has been used in a limited way in a few other states In NY, several land trusts using pre- emptive purchase right Considerations State conservation law ü Affirmative language? ü Savings clause? Rules against perpetuities and remote vesting ü Time limits on options or RoFR?
30 Colorado s Legal Framework for Offers for Purchase at Agricultural Value (OPAV) or Preemptive Right to Purchase
31 OPAV s and Colorado Law: Legal Considerations Restraints on Alienation Rule Against Perpetuities (RAP Trap) Other Options to Options?
32 Restraints on Alienation is a clause used in the conveyance of real property that seeks to prohibit the recipient from selling or otherwise transferring his interest in the property
33 OPAV as an Option Option The clearest and strongest right that can be granted to give a party flexibility in the future; the option grantee ( grantee ) is given the right, but not the obligation, to lease, buy or otherwise control a specified asset in the future. To be enforceable, the option should set forth exactly what asset is subject to the option, the price and terms on which the optionee can exercise the option, the date or dates on or between which the option is exercisable, and the corresponding dates for closing or delivery of the optioned asset.
34 Rule Against Perpetuities: forbids instruments (contracts, wills, and so forth) from tying up property forever, or beyond the lives of people living at the time the instrument was written. The common rule is often stated as follows: Any interest must vest, if at all, not later than 21 years after a life in being at the creation of the interest. Colorado has its own statute: CRS (2)
35 Colorado s RAP Trap Colorado s Statutory Rule Against Perpetuities Act was adopted by the legislature in 1991, and is modeled on the USRAP (2), C.R.S. (2013); The Act expressly supersedes and abolishes the common law rule and establishes a new statutory rule for nonvested interests created after May 31, 1991; Like the USRAP, excludes nonvested property interests and powers of appointment arising out of nondonative transfers (1)(a),C.R.S. (2013). That is, the Act effectively exempts arms- length commercial transactions from the common law rule s vesting requirements; The statutory rule does not apply, for example, to options or preemptive rights in the nature of a right of first refusal EXCEPT to the extent they are created in the context of a GIFT or other donative transfer.
36 Colorado Supreme Court Interprets its Statutory RAP in context of an Option: Colorado Supreme Court, in Atl. Richfield Co. v. Whiting Oil & Gas Corp., 320 P.3d 1179 (Colo. 2014) held that a fully revocable option within a commercial agreement did not violate the common law rule against perpetuities, either in its traditional form or as it existed in Colorado case law prior to the adoption of the Rule Against Perpetuities Act. Because the option was REVOCABLE Because the option was NON- DONATIVE
37 Other Options to Options? Right of First Refusal An alternative to an option. Unlike an option, a right of first refusal does not entitle the holder of the right to force the other party to sell or lease the asset. Instead, if and when the other party decides to sell or lease the asset to any third party, the holder of the right of first refusal can require the asset to be sold or leased to him or her for the same price and terms that the owner is willing to accept from the third party.
38 Right of First Negotiation In order to avoid the chilling effect of a right of first refusal, the parties may instead use a right of first negotiation. This provision provides that the owner must notify the holder of such a right that the owner intends to sell or lease his or her property. The parties then have a specified period of time in which to negotiate, on an exclusive basis, a mutually acceptable deal.
39 Right of First Offer In some transactions, particularly involving the sale of real estate, the parties will provide for a right of first offer ( RFO ) in favor of the buyer. The holder of a RFO has the first right to make an offer for the purchase of the property before the owner can sell the property to a third party.
40 Colorado s laws: Legislative fixes? Exclude ground leases from RAP statute Exclude OPAV (agricultural) from RAP statute
Tools to keep farm and ranch land accessible and affordable
Tools to keep farm and ranch land accessible and affordable to farmers and in production Jim Oldham Equity Trust PO Box 746 Amherst, MA 01004 equitytrust.org jim@equitytrust.org Equity Trust Promoting
More informationTRENDS 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 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 informationIssues Relating To Commercial Leasing. U.S.A. - NEW MEXICO Rodey Law Firm
Issues Relating To Commercial Leasing U.S.A. - NEW MEXICO Rodey Law Firm CONTACT INFORMATION John P. Burton Rodey Law Firm P.O. Box 1357 Santa Fe, NM 87504-1357 315 Paseo de Peralta Santa Fe, NM 87501-1860
More informationCONSERVATION EASEMENTS and CONDEMNATION - WHICH ONE WINS? By Christian F. Torgrimson, Esq. luhpursleyfriese PTORGRIMSON
CONSERVATION EASEMENTS and CONDEMNATION - WHICH ONE WINS? By Christian F. Torgrimson, Esq. luhpursleyfriese PTORGRIMSON Georgia Land Title Association, LLC, an affiliate of the Southeast Land Title Association
More informationChapter 12: Conservation Easements
Chapter 12: Conservation Easements An * in the left margin indicates a change in the statute, rule, or text since the last publication of the manual. I. Introduction * First established by state statute
More informationRemains eligible for state or federal farm programs. Can use land as collateral for loans. Can reserve home lots for children
December 2002 B-1132 Conservation Easements: An Introductory Review for Wyoming By Allison Perrigo and Jon Iversen, William D. Ruckelshaus Institute of Environment and Natural Resources William D. Ruckelshaus
More informationLEGISLATIVE PURPOSES. 2. Provide sources of agricultural products within the state for the citizens of the state
LEGISLATIVE PURPOSES 1. Assist in sustaining the farming community 2. Provide sources of agricultural products within the state for the citizens of the state 3. Control the urban expansion which is consuming
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 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 informationKANE COUNTY AGRICULTURE COMMITTEE AGENDA
SMITH, Kenyon, Davoust, Haimann, Lewis, Taylor, Vazquez KANE COUNTY AGRICULTURE COMMITTEE AGENDA Monday, June 17, 2013 9:00 a.m. 1. Call to Order 2. Opening Remarks 3. Approval of Minutes: May 20, 2013
More informationDepartment of Legislative Services
House Bill 188 Judiciary Department of Legislative Services Maryland General Assembly 2007 Session FISCAL AND POLICY NOTE Revised (Delegate Rosenberg) HB 188 Judicial Proceedings Estates, Trusts, and Real
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 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 informationARTICLES OF INCORPORATION CREEKSIDE WEST TOWNHOME OWNERS ASSOCIATION ARTICLE I NAME OF CORPORATION
ARTICLES OF INCORPORATION OF CREEKSIDE WEST TOWNHOME OWNERS ASSOCIATION ARTICLE I NAME OF CORPORATION The name of the Corporation shall be CREEKSIDE WEST TOWNHOME OWNERS ASSOCIATION (the Corporation or
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 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 informationPrinciples of Real Estate Chapter 17-Leases And Property Management
Principles of Real Estate Chapter 17-Leases And Property Management This chapter will explain the elements needed for a valid lease, the different rights ascribed to tenants and property owners, and the
More informationCONSERVATION EASEMENTS FREQUENTLY ASKED QUESTIONS
CONSERVATION EASEMENTS FREQUENTLY ASKED QUESTIONS CCALT Founder and Steamboat rancher, Jay Fetcher notes, You shouldn t even be considering a conservation easement unless two things have happened: (1)
More informationLEAVE & LICENSE LEASE AND POWER OF ATTORNEY REAL ESTATE SUMMIT 2016
LEAVE & LICENSE LEASE AND POWER OF ATTORNEY LEAVE & LICENSE AGREEMENT Section 52 of Indian Easement Act, 1882 defines License. A Leave and License Agreement is granting rights to the licensee to enjoy
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 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 informationWhat Should a TDC Bylaw Include?
What Should a TDC Bylaw Include? There is currently no requirement for a TDC Bylaw to be created by a municipality. However, based on Miistakis review of best practices around the continent, we have concluded
More informationI. BACKGROUND. As one of the most rapidly developing states in the country, North Carolina is losing
PROTECTING CONSERVATION EASEMENTS IN EMINENT DOMAIN PROCEEDINGS Presented by W. Edward Poe, Jr. On Behalf of the NC Land Trust Council Environmental Review Commission December 18, 2008 I. BACKGROUND As
More informationModern Real Estate Practice, 18 th Edition
Chapter 16 Leases LECTURE OUTLINE: I. Leasing Real Estate A. Definition lease 1. A contract between owner of real estate (lessor) and tenant (lessee) to transfer rights of exclusive possession and use
More informationELEMENTS OF REAL PROPERTY
ELEMENTS OF REAL PROPERTY Real property consists of: Land: including the soil on the surface of the earth, all of the water, minerals, oil, and gas contained on or below the surface, and most of the airspace
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 informationSuburban; Rural Town of Dunn Rural Preservation Program Document Last Updated in Database: March 15, 2017
Land Use Law Center Gaining Ground Information Database Topic: Resource Type: State: Jurisdiction Type: Municipality: Year (adopted, written, etc.): 1997 Community Type applicable to: Title: Local Boards;
More informationSection 4.1 LAND TITLE
Section 4.1 LAND TITLE PURPOSE... 4-1-1 AUTHORITY... 4-1-1 SCOPE... 4-1-1 REFERENCES... 4-1-1 TRAINING... 4-1-2 FORMS... 4-1-2 DEFINITIONS... 4-1-2 4.1.1 QUALITY AND QUANTITY OF TITLE... 4-1-3 4.1.2 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 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 informationTorch Lake Township Antrim County, Michigan
Torch Lake Township Antrim County, Michigan Farmland and Open Space Development Rights Ordinance Ordinance No. 04-01 Effective September 3, 2004 AN ORDINANCE creating a farmland and open space protection
More informationPlease review the Draft PTF Grant Manual with the above background information in mind. AGC
Board of Trustees Anna G. Chisholm, PTF Program Administrator 3.15.2017 Proposed Updates to the PTF Grant Manual The PTF Grant Manual was last updated in 2006 and many details of the easement process have
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 informationChapter 52 FARMLAND AND OPEN SPACE PRESERVATION
Chapter 52 FARMLAND AND OPEN SPACE PRESERVATION [HISTORY: Adopted by the Town Board of the Town of Troy 10-11-1999 by Ord. No. 99-2. Amendments noted where applicable.] GENERAL REFERENCES Building construction
More informationApplication for 1-d-1 (Open-Space) Agricultural Use Appraisal
HUNT COUNTY APPRAISAL DISTRICT 4801 King Street PO Box 1339 Greenville, Texas 75403 1339 Phone: 903 454 3510 Fax: 903 454 4160 Application for 1-d-1 (Open-Space) Agricultural Use Appraisal State the Year
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 informationCONSERVATION EASEMENTS FREQUENTLY ASKED QUESTIONS
CONSERVATION EASEMENTS FREQUENTLY ASKED QUESTIONS CCALT Founder and Steamboat rancher, Jay Fetcher notes, You shouldn t even be considering a conservation easement unless two things have happened: (1)
More informationChapter 26. Open-Space and Conservation Easements, Land Use Valuation, and Other Laws Related to the Use of Land
26-100 Introduction Chapter 26 Open-Space and Conservation Easements, Land Use Valuation, and Other Laws Related to the Use of Land A locality s comprehensive plan, zoning ordinance, and subdivision ordinance
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 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 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 informationChapter 609. (Senate Bill 780) Real Property Affordable Housing Land Trusts
Chapter 609 (Senate Bill 780) AN ACT concerning Real Property Affordable Housing Land Trusts FOR the purpose of exempting a certain affordable housing land trust agreement from the application of the common
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 informationConservation Easement Assistance Program
PENNSYLVANIA LAND TRUST ASSOCIATION Conservation Easement Assistance Program GUIDELINES last updated 3/12/2013 Introduction... 2 Qualify an Organization... 2 The Basics... 2 Open Application Period...
More informationIntroduction to Leases:
Introduction to Leases: Essential Fundamentals for Searching and Examining Leasehold Estates Presented by Mel Platt Vice-President & Sr. Commercial Underwriter Commonwealth Land Title Insurance Company
More informationMarin County Agricultural Land Conservation Program March 1, 2014
Marin County Agricultural Land Conservation Program March 1, 2014 I. Purpose of this Document This document describes the Marin County Agricultural Land Conservation Program (County Program). The Marin
More informationCONSERVATION EASEMENTS. Public Policy Considerations for PRIVATE Land Management Harriet M. Hageman Hageman & Brighton, P.C.
CONSERVATION EASEMENTS Public Policy Considerations for PRIVATE Land Management Harriet M. Hageman Hageman & Brighton, P.C. Conservation Easements What are They? A legally-binding agreement b/w a property
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 informationKeeping Conserved Farmland Affordable and Productive: The Vermont Experience
Keeping Conserved Farmland Affordable and Productive: The Vermont Experience NATIONAL FARMLAND PRESERVATION CONFERENCE MAY 12, 2014 Presentation by: Nancy Everhart Vermont Housing & Conservation Board
More informationFrequently Asked Questions on Sustainable & Long-Term Leases in Minnesota
WE HAVE MOVED: 6 West Fifth Street Suite 650 Saint Paul, Minnesota 55102-1404 Phone: 651 223.5400 Fax: 651 223.5335 Internet: lawyers@flaginc.org Web site: www.flaginc.org Frequently Asked Questions on
More informationDEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS
DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND TRANSFER OF CHAMONIX VAIL RESIDENTIAL DWELLING UNITS THIS DEED RESTRICTION AGREEMENT (the "Agreement") is entered into this day of, 201_ (the "Effective
More information232 Justin Morrill Memorial Highway 27 King Road Strafford, Vermont Etna, NH
John D. Echeverria Janet Milne 232 Justin Morrill Memorial Highway 27 King Road Strafford, Vermont 05072 Etna, NH 03750 802-765-4163 603-643-2410 January 28, 2013 House Judiciary Committee Room 30 115
More informationWorking Together to Conserve Land
Working Together to Conserve Land A Resource for Landowners Protecting land for future generations About Loon Echo was formed as a 501(c)(3)nonprofit organization in 1987 to preserve land in the northern
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 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 informationSADC Guidance Document Farmland Preservation: Frequently Asked Questions
SADC Guidance Document Farmland Preservation: Frequently Asked Questions Minimum Eligibility Criteria What Are the Minimum Criteria for State Farmland Preservation Funding? Land must be eligible for Farmland
More informationISSUES RELATING TO COMMERCIAL LEASING. SWITZERLAND Pestalozzi
ISSUES RELATING TO COMMERCIAL LEASING SWITZERLAND Pestalozzi CONTACT INFORMATION Dr. Anne-C. Imhoff and Dr. Michael Lips Pestalozzi Loewenstrasse 1, 8001 Zurich, Switzerland 41.44.217.91.11 anne-c.imhoff@pestalozzilaw.com
More informationAgricultural Lease Bid Process and Policy Updated September 21, 2017
Agricultural Lease Bid Process and Policy Updated September 21, 2017 Introduction: Pitkin County Open Space & Trails (OST) was established by the voters of Pitkin County in 1990 with the following mission;
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 informationChapter VIII. Conservation Easements: Valuing Property Subject to a Qualified Conservation Contribution
A. Overview and Purpose Chap. VIII Conservation Easements: Valuing... Jacobson & Becker 91 Chapter VIII Conservation Easements: Valuing Property Subject to a Qualified Conservation Contribution Forest
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 informationMississippi Condo Statutes
Mississippi Condo Statutes West's Annotated Mississippi Code Title 89. Real and Personal Property Chapter 9. Condominiums 89-9-1. Short title This chapter shall be known and may be cited as the "Mississippi
More informationColorado Secretary of State Date and Time: 02/27/ :44 PM Id Number: Document number:
Document processing fee If document is filed on paper $125.00 If document is filed electronically $ 25.00 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for
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 informationMODEL CONSERVATION RESTRICTION AMENDMENT POLICY GUIDELINES Massachusetts Easement Defense Subcommittee March 6, 2007 PREAMBLE
MODEL CONSERVATION RESTRICTION AMENDMENT POLICY GUIDELINES Massachusetts Easement Defense Subcommittee March 6, 2007 PREAMBLE Because conservation restrictions are an important tool for permanently protecting
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 informationOpen Space Preservation Program
Open Space Preservation Program Open Space Purchase of Development Right Program Deadline: June 1, 2016 at 11:00 a.m. Ingham County Purchasing Department c/o Farmland and Open Space Preservation Board
More informationWildlife Habitat Conservation and Management Program
EXHIBIT 1 PC-2015-4106 ODFW Guide Wildlife Habitat Conservation and Management Program Manual for Counties and Cities Oregon Department of Fish and Wildlife March 2006 Table of Contents 1. Introduction
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 informationArticles of Incorporation for a Nonprofit Corporation filed pursuant to , et seq. and of the Colorado Revised Statutes (C.R.
Document processing fee If document is filed on paper $125.00 If document is filed electronically $ 25.00 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for
More informationproperty even if the parties have no lease arrangement. This is often called an option contract.
In the farming community, lease-to-own refers to certain methods to achieve land ownership. Purchasing a farm with conventional financing is simply not an option (or the best option) for many. Lease-to-own
More informationSELECTED LEASING ISSUES
SELECTED LEASING ISSUES By Scott B. Osborne Preston Gates & Ellis, LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104 206 623-7580 scotto@prestongates.com Prepared for AMERICAN ASSOCIATION OF
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 informationArticles of Incorporation for a Nonprofit Corporation filed pursuant to , et seq. and of the Colorado Revised Statutes (C.R.
Document Processing Fee If document is on paper: $125.00 If document is filed electronically: $ 50.00 Fees are subject to change. For electronic filing and to obtain copies of filed documents visit www.sos.state.co.us
More informationTOWN OF EASTOVER VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE
TOWN OF EASTOVER VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE ARTICLE I AUTHORITY The articles and sections of this ordinance are adopted pursuant to authority conferred by N.C.G.S. Sections 106-735 through
More informationSALEM MUNICIPAL AIRPORT MCNARY FIELD. Airport Lease Policy
SALEM MUNICIPAL AIRPORT MCNARY FIELD Airport Lease Policy Adopted: May 22, 2013 Table of Contents 110-001-010 Introduction... 4 110-001-020 Effective Date... 5 110-001-030 Definitions... 5 110-001-040
More informationRESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY DIVISION ONE: DEFINITIONS
RESTATEMENT OF THE LAW FOURTH, PROPERTY PROJECTED OVERALL TABLE OF CONTENTS VOLUME [1] THE BASICS OF PROPERTY Chapter 7. DIVISION ONE: DEFINITIONS Meanings of Property Property as a Relation Separation
More informationA B C D E F G H I J L M N O P Q R S T U V W Z
A B C D E F G H I J L M N O P Q R S T U V W Z A Adjoining In actual contact with another object (i.e., attached). Same as Contiguous. Agent An individual/entity who transacts, represents, or manages business
More informationQuiz 40:Leasing and Managing Property
Quiz 40:Leasing and Managing Property 1. When a tenant sublets all or any part of the premises rented under a written lease, a. the tenant assigns all rights, title, and interests in the rented property
More informationRV SPACE RENTALS. The law treats long term (over 180 days) RV space rentals differently than short term space rentals.
Page 1 RV SPACE RENTALS The law treats long term (over 180 days) RV space rentals differently than short term space rentals. I. LONG TERM RV SPACE RENTALS (MORE THAN 180 DAYS) A. Applicable Law The Arizona
More informationASSIGNMENT OF CERTIFICATE OF MEMBERSHIP AND BENEFICIAL INTEREST
ASSIGNMENT OF CERTIFICATE OF MEMBERSHIP AND BENEFICIAL INTEREST The undersigned hereby assigns to,, rights or membership, and beneficial interest, in MONARCH BAY LAND ASSOCIATION, A CALIFORNIA MUTUAL BENEFIT
More informationCURRENT THROUGH PL , APPROVED 11/11/2009
CURRENT THROUGH PL 111-98, APPROVED 11/11/2009 TITLE 10. ARMED FORCES SUBTITLE A. GENERAL MILITARY LAW PART IV. SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 159. REAL PROPERTY; RELATED PERSONAL PROPERTY; AND
More informationAERONAUTICAL USE LEASE POLICYPOLICY GRAND JUNCTION REGIONAL AIRPORT Revised: November 18, 2014
AERONAUTICAL USE LEASE POLICYPOLICY GRAND JUNCTION REGIONAL AIRPORT Revised: November 18, 2014 BACKGROUND, SUMMARY, RESPONSE TO COMMENTS AND TEXT The Grand Junction Regional Airport Authority (the Authority
More informationHOUSE BILL 188. N1, N2 7lr1292 A BILL ENTITLED. Estates, Trusts, and Real Property Rule Against Perpetuities
HOUSE BILL N, N lr By: Delegate Rosenberg Introduced and read first time: January, 00 Assigned to: Judiciary A BILL ENTITLED 0 AN ACT concerning Estates, Trusts, and Real Property Rule Against Perpetuities
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS E. RICHARD RANDOLPH and BETTY J. RANDOLPH, Plaintiffs-Appellants, FOR PUBLICATION October 3, 2006 9:00 a.m. v No. 259943 Newaygo Circuit Court CLARENCE E. REISIG, MONICA
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 informationCHAPTER 8 MODEL AGRICULTURAL CONSERVATION EASEMENT WITH OPTION TO PURCHASE
CHAPTER 8 MODEL AGRICULTURAL CONSERVATION EASEMENT WITH OPTION TO PURCHASE (Section-by-section commentary on this model document appears in Chapter 9.) THIS CONSERVATION EASEMENT WITH OPTION TO PURCHASE
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 informationDUBLIN SOLICITORS CPD 26 TH March 2015 THE LAND AND CONVEYANCING LAW REFROM ACT 2009 IMPACT FOR CONVEYANCING PRACTITIONERS
DUBLIN SOLICITORS CPD 26 TH March 2015 THE LAND AND CONVEYANCING LAW REFROM ACT 2009 IMPACT FOR CONVEYANCING PRACTITIONERS Codification and Simplification were the key aims behind the Act. The Act removed
More informationORDINANCE NO AN ORDINANCE AMENDING CHAPTERS 3.32 OF THE ALAMEDA COUNTY GENERAL ORDINANCE CODE REGARDING MOBILE HOME RENT REVIEW PROCEDURES
ORDINANCE NO. 2017- AN ORDINANCE AMENDING CHAPTERS 3.32 OF THE ALAMEDA COUNTY GENERAL ORDINANCE CODE REGARDING MOBILE HOME RENT REVIEW PROCEDURES The Board of Supervisors of the County of Alameda, State
More informationUNIFORM RULE 5. Administration of Williamson Act Contracts
UNIFORM RULE 5 Administration of Williamson Act Contracts I. PROCEDURE TO ESTABLISH AN AGRICULTURAL PRESERVE AND WILLIAMSON ACT CONTRACT See Appendices 1 and 2 for the following forms: Application Form
More informationUnderstanding Real Property Interests and Deeds» By Brad Dashoff and John Antonacci. Understanding Real Property Interests and Deeds
A service of the ABA General Practice, Solo & Small Firm Division Law Trends & News PRACTICE AREA NEWSLETTER REAL ESTATE Understanding Real Property Interests and Deeds» By Brad Dashoff and John Antonacci
More informationConservation Easements: Creating a Conservation Legacy for Private Property
Conservation Easements: Creating a Conservation Legacy for Private Property What is a Conservation Easement? For landowners who want to conserve their land and yet keep it in private ownership and use,
More informationLAMPSON BROOK FARM SUB-LEASE AGREEMENT (Template)
LAMPSON BROOK FARM SUB-LEASE AGREEMENT (Template) This Agreement is made and entered into this 26th day of, 20, by and between New England Small Farm Institute, Inc. (Lessee), 275 Jackson Street, Belchertown,
More informationGrazing Lease Clinic: Creating Agreements for Successful Ranch Operations
Grazing Lease Clinic: Creating Agreements for Successful Ranch Operations Access to Land Online land listings Farm lease, partnerships and purchase opportunities Facilitating agreement negotiations and
More informationDrafting a Commercial Lease Agreement Appendix A 5 Leases
Drafting a Commercial Lease Agreement Appendix A 5 Leases M&A TRANSACTION Lease 1 The Tenant will not assign this Lease in whole or in part nor sublet all or any part of the Leased Premises, nor mortgage
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 informationGuide to Planned Giving
Guide to Planned Giving Leave it to nature, forever. Tax ID# 91-1533402 For more information: Skagit Land Trust 1020 S Third Street - PO Box 1017 Mount Vernon, WA 98273 360.428.7878 Molly Doran, Executive
More informationImplementation Tools for Local Government
Information Note #5: Implementation Tools for Local Government This Information Note is a guide only. It is not a substitute for the federal Fisheries Act, the provincial Riparian Areas Regulation, or
More information