Welcome
to:
Bruce Barnard's Forestry Page on Conservation
Easements
This page is presented to provide
information about the various aspects of forestry, especially from a
private landowner perspective, and I hope it fulfills that goal.
The first item I would like to bring to
your attention is a book on Conservation Easements. This book is
authored by Dr. Steven Bick and Harry L. Haney, Jr. Steve is a
consultant forester from Thendara, NY who has produced some excellent
material for forest landowners. I came to know about this book
when, in conversation with Steve about some recent trials and
tribulations of easements for forest landowners, Steve mentioned, quite
casually, that he had written a book about conservation easements
titled: "The Landowner's Guide to
Conservation Easements". Steve graciously sent along a
copy and after reading it I have been a great proponent of it (and - no
- I do not receive any renumeration, or money either...). His
descriptions of what converstation easements are, considerations of
various implications of them, definitions of the terms used in them and
to describe them, tax ramifications (income, estate & real
property), and the pitfalls as well as the positive aspects of
easements, are spelled out in language that the lay person can
understand. This helps the landowner better communicate with his
or her attorney about the proposed conservation easement as well as
bettter understand the negotiations and the resultant easement contract
that evolves. Usually the wording of the contract is provided by
the Grantee, the entity or organization, private or public, that is
acquiring the easement from the landowner, the Grantor. This
entity could be a non-profit or for-profit organization. It could
be an environmenal preservation or conservation organization or it
could be an industrial or developmental entity. It could be a
governmental body, most commonly the state or federal government.
Whatever the entity's makeup, they have their own objectives in
carrying out the easement. Those probably will not include the
landowner's objectives for forest ownership and management, nor
protection for those objectives. In the last decade conservation
easements have been increasingly used, by environmental groups and
governments, as an alternative method for land use control and are
becoming fairly common. They are a method
of land-use control and a
landowner should realize what they are accepting, and it's
ramifications, before executing a conservation easement on the
land. Yes, I know there are a lot of books on conservation
easements. All one has to do is go to www.amazon.com or www.barnesandnoble.com
and search for "conservation easements" to see quite a list of books
(Steve's book is listed on both). If you getting looking at the
list a little more in depth you will notice that they are written from
the point of the Grantee on how they can be used, and how to
frame/write a conservation easement, to their advantange. A
number are written by Land Trusts who are organized specifically for
this purpose. Some of the books are more for the lawyers involved
in discussing the legal aspects and jargon of easements. However,
I think this book stands out because it is wtitten for the landowner,
the Grantor of the easements. The environmental organizations and
trusts, along with governement officials, are attending conferences and
training on how to use, and write, conservation easements to further
the goals of their organizations. The average landowner is at a
tremendous disadvantage in the negotiation of a conservation
easement. In order to better level the playing field I think, no I KNOW, that every landowner
contemplating the granting of a conservation easement should read this
book. As a matter of fact, I think that evey Forester who might
deal with easements, and conservation easements specifically, should
obtain and read this tome. I have a link to the Table of Contents
of the book below, just click on the book icon or title to view the
table of contents in Adobe PDF format.
Now: you may be asking "How do I get a hold of the book?" Well,
Amazon and
Barnes & Noble were both out of it when I last checked but they are
available directly from the publisher. I have a link below to
their page for the book:
"The
Landowner's Guide to Conservation Easements" from Kendall/Hunt
Publishing Company, Dubuque, Iowa
Note: Although this website contains
references to NYS DEC, this is not a NYS DEC authorized
site....
Just trying to help the public with
items that should be available online.
If you have suggestions for any other Forestry items
that you would like to see online, please email me.
Responsible party:
Bruce Barnard, Senior Forester
(518) 897-1283
L&F Bureau of Private Land
Services
Click to email: bbarnard@gw.dec.state.ny.us
NYS DEC
1115 State Route 86
Ray Brook, NY 12977