Preamble: Property rights throughout America are under assault. One of the principal vehicles used by government, Land Trusts, and radical environmentalists to limit a landholder’s use of their property is in the form of “conservation easements” (CEs). 

The CEs convey to a third party the right to control the use of the property for a “conservation purpose.” It is marketed as a way for landowners to ensure their property will remain in a natural state, protected from future development forever. They are told their current use of the land will continue and they are offered payment or estate tax deduction and other financial benefits. 

However, once a landowner places a CE on their land, it no longer retains the characteristics of private property. Control of that property now belongs to the easement holder. The conservation purpose is the priority for the land in perpetuity, meaning forever. These restrictions bind every generation that follows and freezes the land use according to today’s practices and societal goals. 

These vehicles also reduce the local revenue that pays for schools, hospitals, emergency services and infrastructure. Lands with CEs have diminished or no agriculture productivity, housing, mineral or oil and gas development. The tax value of these lands is reduced on average by 40 percent. This increases the tax burden on other landowners and citizens in the community who must make up the difference. Additionally, it increases the need for local governments to depend on federal and state grants to provide basic services. 

For these reasons, this model legislation seeks to limit conservation easements to 20 years and 10 years after the passing of the property owner, whichever is shorter. It does not prohibit outright or deny the renewal of conservation easements, should a property owner choose to have one. It simply gives a working definition to, what at present is an unreasonable timeframe of the term “in perpetuity” (forever) that is linked to many CEs. 

Limiting conservation easements to 20 years gives a landowner a reasonable time to reevaluate their desire to maintain a conservation easement and determine if they have “buyer’s remorse” and desire to reconsider. In some cases, the conservation objective for holding a conservation easement may have achieved its objective and a renewed lease may not needed.  

In other cases the original landowner may have passed or sold the property, and the new tenets don’t want to be saddled with a CE in perpetuity. In some cases, the CE holder is not performing their commitment or has a different idea of what that entails from the original CE agreement, i.e., poor performance or mission creep.  

Fundamentally, it is immoral for one generation of property owners to be given the ultimate power to determine the land’s use for all future generations. There should be limits placed on their preferences after they have departed. 

THIS ACT is designed to address these issues by simply limiting the scope of how long a CE is permitted to remain binding before having to be renewed. 

Section 1: Definitions.  

A. “Conservation easement” means a land easement purchase or gift that invests in a qualified land conservation organization called a “land trust”, or a governmental (municipal, county, state or federal) entity that constrains, as to a specified land area, the exercise of rights otherwise held by a landowner so as to achieve certain conservation purposes. 

Section 2: Conservation Easement Limitations.  

(1) Conservation easements involving any private land shall not exceed twenty (20) years. 

(2) Conservation easement shall expire ten (10) years post death of the current property owner or the original length of agreement; whichever is shorter duration.  

(3) A conservation easement may be renewed by mutual agreement, only for a duration of 20 years or less.  

(4) This act does not apply to conservation easements held or purchased by governments.  

(5)The transfer of a private easement to a government does not negate the time limits imposed by this act.  

Section 3: Severability.  

Each section, paragraph, and portion of each paragraph of this Act is severable. If one or more sections, paragraphs, or portions of one or more paragraphs of this Act are held invalid on their face or as applied to particular facts, then the remaining portions and applications of the Act shall be given full effect to the greatest extent practicable.  

Section 4. Applicability and Effective Date. 

(1) This Act applies to all conservation easement contracts entered into, amended, or renewed after [DATE].