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1B, Johanna Marsh Purchase
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1B, Johanna Marsh Purchase
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10/22/2008 11:47:34 AM
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1B, Johanna Marsh Purchase
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1B, Johanna Marsh Purchase
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10/20/2008
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<br />Minnesota Land Trust: Conservation Programs <br />historic significance. <br /> <br />Page 2 of3 <br /> <br />Not all properties are suitable for protection through conservation easements with the <br />Minnesota Land Trust. Whenever possible we will provide landowners with information <br />on other options. <br /> <br />Return to the list of questions <br /> <br />What restrictions are included in a conservation easement? <br />First, conservation values are defined and then restrictions are created to protect those <br />values. Restrictions may apply to all of a landowner's property or to only a portion of it. <br /> <br />Typically, easements address subdivision, commercial or industrial uses, mining, <br />construction of buildings or roads, utilities, disturbance of the vegetation or topography <br />and any activities on the property that might interfere with the conservation purpose for <br />the easement. <br /> <br />For example, an easement preserving rare woodland habitat may require that the <br />property be left entirely in its natural state, prohibiting all development. Or, to protect a <br />lake or stream, an easement may allow limited inland construction of buildings or trails <br />while restricting such activities along the more fragile shoreline. Some easements may <br />permit continued farming or limited timbering. Others may provide for enhancement of <br />wildlife habitat or restoration of native prairie. <br /> <br />Return to the list of questions <br /> <br />What are the effects of a conservation easement on a landowner's property rights? <br />A landowner retains all rights to the property not specifically restricted or relinquished by <br />the easement. The landowner still owns the land and has the right to use it for any <br />purpose that is consistent with the easement, to sell, to transfer or to leave it through a <br />will. Typically, landowners also retain the right to restrict public access. <br /> <br />Return to the list of questions <br /> <br />What obligations come with a conservation easement? <br />Landowner: The landowner remains responsible for the land-for its maintenance and <br />upkeep, for paying taxes and for otherwise meeting the typical obligations of land <br />ownership. Conservation easements add only a few further requirements: <br /> <br />· To notify the Minnesota Land Trust of proposed changes to the property <br />. To allow annual monitoring visits <br />· To notify the Minnesota Land Trust when selling or transferring the property <br />. To comply with the restrictions in the easement <br /> <br />Minnesota Land Trust: The Minnesota Land Trust is obligated to oversee and enforce <br />the terms of the easement. A representative will periodically schedule visits to the <br />property to make sure the land continues to be used according to the easement. If <br />necessary, the Minnesota Land Trust will legally defend the easement in the event of a <br />violation. The Land Trust does not otherwise have the right to use the property without <br />the landowner's permission. <br /> <br />Return to the list of questions <br /> <br />http://www .mnland. org/prog -ce.html <br /> <br />10/15/2008 <br />
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