What are a landowners property rights under conservation easements?
Every landowner is the holder of certain rights related to the use of land and its resources. Historically, some of these rights – such as mineral and timber rights – have been used, taxed, or transferred separately from outright ownership. Road and utility easements also are examples of modifications of the rights of exclusive ownership. A conservation easement arises out of this principle of separating and modifying land ownership rights. A conservation easement is created by a landowner (the “grantor”) who desires to transfer certain rights to a conservation organization (“the grantee”), under an agreement which prohibits the grantee’s exercise of those rights. Working cooperatively, the landowner and the grantee identify appropriate uses for the land and detail activities which should be prohibited. For example, a landowner may transfer the right to use a property for residential development to the grantee. The grantee organization then holds that right, but is prohibited by the te
