comm_land_trsts_affrdbl_hsg_Greenstein_Eryilmaz-05[1] - R...

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Reinventing Conservation Easements CONTINUED How dire is the future of conservation easemencs' Jusc as conservation easements are intended to endure, each of the prob- lems reported here will have its day, and some already have. When evaluaring the effectiveness of conservation easements under the prevailing legal strucrure, per- haps the best answer is that the jury will be OUt for 100 years, but one should be sufficiently concerned about a possibly adverse verdict to consider these issues and ways to resolve them. If conservarion easements are to serve future generations as is rheir promise, tbey will have to live up ro three essential principles. 1. The value of conservation easements depends upon their being able ro effec- tively and permanenrly deliver the public benefits they promise. 2. Landowners and conservation easement holders, who receive the benefits of the scate and federal laws that provide for and subsidize conservation easement acquisition, should be legally account- able for upholding their part of the bar- gain, including moniroring and uphold- ing the rerms of each easement and assuring that its public benefits are secured in the future. 3. The process by which conservarion easements are designed, appraised and managed shoukl be more rigorous, publicly transpatent and accountable. With these prillciples in mind, there are many approaches to tesolving the issues presented by conservacion easements. However, to fashion che svlmions one must first acknowledge the problems. If ever we are to take action to assure the fucure of conservation easements, che time co do so may never be better, nor eas ier, chan now. IJ JEff P1DOT is a visitingjell()1.£! at the Lincoln lnstittlte, on letJt'e from his work as chiefofthe Natural Resounes Dit)ision ofthe Maine Attorney General's Office, a position he has held since 1990, He haJ been all active participant in the land trust movement ill Maine and has a wealth ofexperience u'ith conservatIon easements in both his p,·ojes.riOllal and volunteer work. While at the Liltcoln Institute. he is resmrching and u/"itmg c';;Ollt the challenges ofconservcltion easements and reforms that may be considered to meet these challenges. His working licl!!!!"r, Reinventing Con- servation Easements: A Critical Examina- tion and Ideas for Reform, i.r at)ailable on the Institute's web site at www.lincolninst. edu/pubs/workingpapers/. In the Jill/Ziller of 2005 the Institute will publish a policy foclis report on this topic. For flll,ther information or to provide comment, contact: jpidm@ lincolninsLedu. REFERENCE Land Trust Alliance. 2004. National Land Trust Census. November 18. http.jjwww./ta.orgfcensu5j index.shlml Community Land Trusts: Leasing Land for Affordable Housing ROSALIND GHFFNSTFIN and YESIM SUNGU-ERYILMAZ or many households experiencing lagging wages or underemploy- ment, the purchase and financing of a house is increasingly diffi- cult. High land costs are another obstacle to developing and securing affordable hous-
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This note was uploaded on 09/23/2011 for the course USP 480 taught by Professor Staff during the Spring '11 term at S.F. State.

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comm_land_trsts_affrdbl_hsg_Greenstein_Eryilmaz-05[1] - R...

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