| Perpetuity of the Easement |
The holder should inspect its easements at least once a year and be prepared to take legal action, if necessary, to protect the terms of the easement.
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| Developing a Master Plan |
The master plan, developed jointly by the Conservancy and the landowner, also assesses the property's present and future uses and ownership, as well as key land management issues.
The donation of a conservation easement may be only one element of the master plan. It may complement limited development or other land preservation methods.
Conservancy planners take the following steps in preparing a master plan.
- Define objectives
- Meet with the landowner to discuss his or her needs and objectives and to define various land use alternatives. These discussions are treated as private and confidential.
- Meet with the landowner to discuss his or her needs and objectives and to define various land use alternatives. These discussions are treated as private and confidential.
- Evaluate the property
- Inventory, map, and evaluate the important scenic, historic, and ecological values of the property. Assess the property in relationship to surrounding lands. Review local land use regulations and development trends.
- Inventory, map, and evaluate the important scenic, historic, and ecological values of the property. Assess the property in relationship to surrounding lands. Review local land use regulations and development trends.
- Review Alternatives
- Present various land use alternatives in terms of the landowner's goals, potential future uses and conservation restrictions.The alternatives are evaluated in terms of associated tax benefits. At this point, alternatives can be reviewed with tax and legal advisors, and a final plan selected.
- Present various land use alternatives in terms of the landowner's goals, potential future uses and conservation restrictions.The alternatives are evaluated in terms of associated tax benefits. At this point, alternatives can be reviewed with tax and legal advisors, and a final plan selected.
- Prepare a Plan and Easement
- Draw up the necessary plans and easement documents for review with the landowner.
- Draw up the necessary plans and easement documents for review with the landowner.
- Accept and Record the Plan and Easement
- To be completed, the easement must be accepted by the Trustees of the Brandywine Conservancy and signed by the landowner and officers of the Conservancy. The easement is then recorded in the local Recorder of Deeds office.The master plan is based on the ecological and public values of the property and the landowner's objectives.
- To be completed, the easement must be accepted by the Trustees of the Brandywine Conservancy and signed by the landowner and officers of the Conservancy. The easement is then recorded in the local Recorder of Deeds office.The master plan is based on the ecological and public values of the property and the landowner's objectives.
An important part of the master plan is the creation of a conservation easement map, such as the hypothetical one above, that graphically depicts the defined terms of the easement including acceptable residential locations, trail easements, protected wetlands and protected woodlands.
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| Estimating the Cost of a Conservation Easement |
The Brandywine Conservancy is a member-supported nonprofit institution with limited endowment funds to cover its operating costs.
The expertise of the Conservancy's professional staff is available to landowners on a consulting or "pay as you go" basis.
Prior to initiating a conservation plan, the landowner receives a project proposal which includes:
- Staffing and other estimated costs for documenting the resource values of the property, preparing the land plan and drafting the easement agreement; and
- An estimate of the endowment contribution needed to cover the Conservancy's long-term administrative, monitoring and enforcement costs for the easement. The amount is based in part on the complexity of the easement, the size of the property, and its proximity to other easements.
- The landowner should anticipate incurring other costs not included in the proposal, such as the following:
- Survey costs. If a good survey of the property is available, these costs should be minimal.
- Appraisal fee. The Conservancy strongly encourages using an appraiser, preferably an MAI (Member of the Appraisal Institute), who has substantial experience in valuing conservation easements.
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Fees for tax and legal advisors.
- Survey costs. If a good survey of the property is available, these costs should be minimal.
For more information send email to: emc@brandywine.org, call 610-388-2700, or write to Environmental Management Center, Brandywine Conservancy
P.O. Box 141, Chadds Ford, PA 19317
© 2003 Brandywine Conservancy