Government is conducting invasive 'land grab'
Our government is conducting an aggressive, invasive “land grab.” Under the appealing title of “open space” preservation, conservation easements are rapidly being applied to large tracts of ranch and farm lands and privately held corridors between U.S. Forest Service, BLM and grassland preserves.
Contract language universally prevents reduction to more affordable acreages. The larger the piece of property the fewer the potential buyers of restricted-use properties, generally devoid of mineral rights. Contracts in perpetuity run with the land without chance of removal.
Conservation easement (CE) land use management control is considered “property” saleable by that holder to another approved, non-profit entity, who then becomes dominant owner over the servient land owner.
Three types of qualified contract holders are: another authorized non-profit land trust, a governmental agency, and an Indian tribe.
In most states contract terms can be legally nullified by the holder assuming ownership of both land and CE contract. Thus free of restrictions the land trust purchaser of fee title can profitably sell the newly unencumbered property for development or other uses, assuming charitable cause can legally be claimed.
However, passage of Montana SB-317 banned extinguishment of CE contract by a single entity taking fee title to land on which the CE is attached.
This removes monetary incentive for land purchase by “supposedly” non-profit land trusts.
Governmental agencies and tribes, on the other hand, actively seek land acquisition irrespective of encumbrance since lockdowns and resource development curtailment are generally of no interest to them.
Lucrative Montana real estate transactions have managed to proceed with non-profits functioning as negotiators between private property owners and governmental agencies (state and/or federal), such as Plum Creek/Nature Conservancy with deals enhanced by tax benefits for conservation easements applied.
Owners of land under conservation easement remain fully responsible for costs of taxes, insurance, maintenance, provisions for wildlife, endangered species, etc.
Most CE contracts prohibit natural resource extraction such as oil, gas, coal and minerals.
Montanans should demand clarification as well as provisions for possible future road construction.
Land owners are subject to all litigation costs regarding management policies or interpretation of contract terms, possibly when a new CE contract holder (supervisor) assumes control.
Heirs are also legally committed to terms and commitments, even if unaware of or uninvolved in contract planning. Inheritance taxes become problematic due to inability to sell off portions of property.
Parents with euphoric dreams of perpetuating the lifestyle they love while protecting wildlife and environment, often unknowingly burden their offspring while jeopardizing their financial stability.
Conservation easements spreading throughout rural America threaten our government based upon private property.
No accurate record exists showing total designated acreage. Contracts identify CE’s as private property in spite of split title. Overlay maps are unavailable to accurately reveal percentage of land totally free of governmental encumbrance or local land “use” restrictions.
The following article confirms desired obscurity, “The Invisible Forest: Conservation Easement Databases and the End of the Clandestine Conservation of Natural Lands” by James Olmsted.
Reports from some 1,700+ land trusts prominently led by “The Nature Conservancy” certainly will not provide desired accuracy nor can we depend upon non-standardized recording procedures of county offices, statewide or nationally.
Basically, conservation easement land mass is unknown.
Federal government land grabs escalate under obfuscation, while providing promotional tax incentives for clients of non-profit land trusts. Local tax bases erode while the naïve public and elected officials remain blissfully unaware.
By the time we awaken to a socialist/fascist form of government in control of our land, water and natural resources, we will have lost our freedoms.
Clarice Ryan,
Bigfork