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By Spage on 03-10-08
Obviously conservation easements are the decision of the landowner. I don’t have a problem with these easements and believe they can benefit the landowner and the public. On the flip-side of the issue landowners who wish to maximize the value of their property should not have to face negative public criticism when they sell their land or parcel it out. Afterall, for many it is their largest nest egg and it is their property. Those who wish to have the property, scenery, etc. remain the same should be willing to step up and pay the landowner for the value loss of their property they or their heirs will absorb when they execute a conservation easement. I know it usually won’t work this way since most of the people who complain don’t have the bucks to do it. Most of the time it is about avoiding estate taxes.
One of the scenarios playing out around Montana with conservation easements is that many of the landowners do not have the finances to hire knowledgeable legal representation when they consider entering into these agreements. Many times these agreements are being executed by people in their later years of life where their judgement may not be as perceptive. If they cannot afford the representation they may choose to not execute an easement even though their sentiments would be to keep their land intact. That is an opportunity missed by the land preservation groups. If the landowner is not properly represented the terms of these agreements and the manipulation of the wording can work contrary to the wishes of the landowner who entered into the agreement. The risk of this situation is that conservation easements may get a bad name in the future if the families believe the executed agreement wasn’t really what “Mom or Dad” expected. They can also be staged for a costly legal battle should they wish to challenge any terms of an easement.
If conservation easements are to succeed landowners need educated advocates working in their interest prior to signing the dotted line. Land preservation groups need representatives with the integrity to arrive at a true mutual understanding between the landowner and those who craft the easement.