Stewardship entails the following, in order to keep a promise of “forever” to landowners who have entrusted us to watch over their protected properties:
- Defending easements
- Keeping detailed records
- Building landowner relationships
- Educating landowners, staff, and volunteers
- Rectifying compliance issues
- Considering reserved rights (approval or disapproval)
Each time the Ausbon Sargent Land Preservation Trust protects a property with a conservation easement, we are accepting the legal obligation to carry out the donor’s desires and the terms of the easement, forever.
Failure to enforce its easements could disqualify Ausbon Sargent from accepting tax-deductible easements and jeopardize its IRS tax-exempt status.
Monitoring
An important part of stewardship is monitoring, which is another name for annual property inspections. Here’s what we do:
- Train and coordinate the activities of a volunteer core of monitors
- Keep accurate and detailed reports of our inspections
- Respond to violations with appropriate action including mediation and/or litigation
- Consult with other land trusts regarding current problems and issues in monitoring
Monitoring serves as a regular reminder that the landowner is legally bound to keep the property in the condition as defined in the conservation easement. As an easement passes down the line from the original donor (grantor) to subsequent property owners, there is a greater chance the new owners might ignore the terms of the easement. When an easement property changes hands, our Stewardship Manager works to meet with and educate the new owners about the terms of the easement. This begins a relationship between the landowner and Ausbon Sargent, and helps to avoid easement violations in the future.
Policy
To carry out our stewardship obligations, Ausbon Sargent has created two board designated funds, which are comprised of pooled contributions from conservation easement donors.
The Stewardship Fund covers the costs of monitoring, administering and stewarding Ausbon Sargent’s conservation easement properties.
The Enforcement Fund covers the defense of Ausbon Sargent’s conservation easements, should legal matters arise.
At the time Ausbon Sargent accepts a conservation easement, a landowner is expected to make a gift of cash, securities or other assets adequate to meet the land trust’s associated monitoring obligations, to the Stewardship and Enforcement Funds. If a donation is not possible at the time of the easement, the landowner can schedule payments over a period of time. Contributions may be provided by local private or public groups such as conservation commissions, neighborhood associations, or at the land trust’s discretion, by transfer from Ausbon Sargent’s operating account. An understanding of how the board designated Stewardship and Enforcement Funds obligation will be met must be established before substantive work on the easement is begun.
The schedule for estimating the required donation is based on actual and anticipated costs. For further details, please contact our Land Protection Specialist at adeegan@ausbonsargent.org or by calling 603-526-6555.