Conservation easements are a critical tool for protecting Virginia’s most valuable habitats, working farms and forests, scenic viewsheds, and cultural landscapes. These bills are focused on promoting the conservation goals of the easement itself when an interpretation question is raised. The Virginia Conservation Network (VCN)’s Legislative Committee and Board of Directors have voted to support these bills.
REASONS TO SUPPORT CONSERVATION EASEMENTS
Conservation easements are one of the most effective ways to protect farmland, forests, water quality, scenic and historic resources for current and future generations. Private landowners work with state and federal agencies, along with nonprofit land trusts, on easement terms that protect the public values laid out in the Virginia Conservation Easement Act and the Open-Space Land Act.
These easements are legally binding agreements that stay with the land in perpetuity, ensuring that their natural and cultural resources are protected even if the property is sold. Although rare, there have been several recent legal cases in which new landowners dispute the land uses that are and are not permitted under the conservation easement.
A 2016 Virginia Supreme Court ruling made clear that legislation is needed to clarify how courts should handle these disputes. The introduced bills would direct the courts to interpret the easement terms based on the original intent of the conservation easement donation and their protection of public benefits.
Thanks for your Support!
Both of these bills have passed the General Assembly and are on their way to the Governor’s desk!
Thank you to our Partners at the Piedmont Environmental Council for their advocacy on conservation easements.