Letters to the Editor

The views expressed are those of the individual authors and not necessarily those of DTN, its management or employees.

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To the Editor:

Last year, DTN/Progressive Farmer Editor Emeritus Urban Lehner wrote a column titled "In Defense of Conservation Easements" (https://www.dtnpf.com/…). Its thesis was simple: Reasonable people may disagree as to whether a conservation easement is right for them, and the recent pattern of politicizing or mischaracterizing them is unfortunate because ultimately conservation easements expand landowners' private property rights.

Unfortunately, a recent Victoria Myers column (https://www.dtnpf.com/…) published in DTN/Progressive Farmer about the "risks" of conservation easements contains misleading information and posits hypothetical dangers without providing necessary context or simple risk mitigation solutions. So, let's talk a little more about the importance of voluntary private land conservation and how conservation easements can benefit farmers and ranchers while protecting private property rights.

Conservation easements are the No. 1 tool for protecting privately owned land. They are voluntary legal agreements between a landowner and a land trust or government entity where the landowner chooses to permanently limit the uses of the land to protect its conservation values. Landowners retain many rights including the right to own and use the land, to sell it and to pass it on to their heirs. All conservation easements must provide public benefits, agreed upon by the landowner, such as water quality, farm and ranch land preservation, scenic views, wildlife habitat, outdoor recreation, education or historic preservation.

Land trusts help oversee conservation easements and work to uphold the public's confidence in land conservation. Landowners placing land under easement work with a land trust to decide on terms that are right for the land and right for them. These are partnerships built on trust, shared values and mutual love for the land. For farmers and ranchers, an easement can help them protect their farms and ranches from the threats that skyrocketing land prices and development pressure place on farming operations and families.

To help farmers achieve their goals, there are nearly 1,000 Land Trust Alliance member land trusts located throughout the country, and to better work within the communities they serve, each one has agreed to adopt the Land Trust Standards and Practices -- ethical and technical guidelines for the responsible operation of a land trust. Rather than set a minimum level of performance, these standards strive to compel the entire land trust community to aspire to excellence and continuous improvement. Approximately half of Alliance member land trusts have gone the extra step of becoming accredited, meaning their compliance with the Land Trust Standards and Practices has been verified by the independent Land Trust Accreditation Commission.

Avoiding issues around easement language or concerns over land usage or liability starts with obtaining effective independent counsel and by working with a reputable land trust. For this reason, the Land Trust Standards and Practices require land trusts to recommend in writing that each party to a land or conservation easement transaction obtain independent legal, financial and tax advice. By doing so, landowners can ensure they are asking the right questions and understanding the answers they are receiving, and the results reflect the hard work that goes into creating a well-crafted conservation easement.

For example, Glenmary Farm in Orange County, Virginia, sits on some of the best agricultural soil in the state. Its rich farming history dates to the 18th century. The Nixon family purchased the property in 1980, and the farm has since become an award-winning cattle, turkey and grain operation. To preserve the prime farmland and help ensure continued operations, the Nixons chose to permanently protect 382 acres of their land through a conservation easement with Alliance member and accredited land trust Piedmont Environmental Council. The land trust noted that, in an area with increasing pressure to convert farmland into development, protecting valuable resources like Glenmary Farm was an investment in ensuring the region has land to grow food on while making progress toward more sustainable agricultural practices. Today, the family rests easier knowing their children will be able to farm and provide for future generations.

In Greenland, New Hampshire, Great Bay Farm is a family-owned farm passed down from generation to generation since the 1800s and is one of the few remaining working dairy farms in the area. Since 1925, New Hampshire has lost more than 90% of its farmland, and Great Bay Farm was highly sought after for its development potential. A conceptual development plan showed the potential to build 79 house lots or 168 units of age-restricted housing on the property. In addition to helping the owners support their farming operations and preserve six generations of family history, the conservation easement with the accredited Southeast Land Trust of New Hampshire kept in place a cornerstone of the community and secured prime farmland necessary for local food production.

Stories like these of landowners choosing to exercise their property rights by protecting their working lands can be found across the country. As DTN/Progressive Farmer readers know, without working lands, we would not have food for our table, fiber for clothing or timber to build homes. These lands also make up the green open spaces that are key to absorbing rainwater that prevents floods, alleviates drought, provides wildlife habitat and lessens wildfires. Privately-owned lands are being lost almost five times faster than lands owned or managed by federal or state governments, and conservation easements can play a significant role in reversing that trend.

Agreeing to a conservation easement, like a sale or development of land, is a landowner's right and choice that remains long after the landowner has left the land. It should not be entered into rashly. With the proper meeting of the minds in advance, the benefits of conservation easements are numerous and can be seen nationwide.

Ailla Wasstrom-Evans

Conservation Defense Fund & Education Manager

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