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Donations and sales of conservation easements on forestland in the Northern Forest of New York State

TR Number

Date

1996-10-27

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Journal ISSN

Volume Title

Publisher

Virginia Tech

Abstract

This is a study of conservation easements of forestland in the Northern forest Region of New York State. Forestland easements are the subset of conservation easements encumbering forestland. As of 1995, there were 79 of these forestland easements within the study area. Of this total of 79 forestland easements, 50 were granted as donations and the remaining 29 were granted in sales. Most forestland easement donors were individuals or related individuals. Forestland easement sellers are split between industrial owners and individuals. Eight forestland easement grantees in the Northern Forest Region were identified. This group of grantees includes one public agency and national, regional, and local land trusts. Deeds to the forestland easements inventoried in this study contain 155 separate variables. These variables reflect the differences in encumbered properties, ownership goals of grantors, and land management goals of grantees. Deed information shows that forestland easements have a broad common purpose of preventing change or directing change in an acceptable manner. The specifics of preventing and directing change will vary with each property. The limits of acceptable change are a large part of working out the agreement between grantor and grantee. Interviews with both donors and sellers reveal that, in retrospect, most are satisfied with their decision to grant the forestland easement. Analysis of forestland easement deed content reveals embedded potential future problems for owners of encumbered properties. Recommendations contained in this report provide guidance for landowners considering the grant of a forestland easement and suggestions for deed content. Most landowners made forestland easement granting decisions that are favorable from their perspective, but less than optimal from outside observation.

Description

Keywords

conservation easement, forestland, private landowners, northern forest

Citation