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One reason Why Conservation Easements are Evil

6,501 Views | 18 Replies | Last: 5 yr ago by aggiedent
eric76
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11:07a, 8/16/19
AG
If you have a farm/ranch and want to have the "concerned citizens" (i.e. idiot busybodies) of the state try to use the rules against you, then go for them.

Here is a piece about a woman in Virginia who bought a farm with a conservation easement and they've been trying to shut her down ever since.

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Max06
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11:48a, 8/16/19
AG
This seems far less about the conservation easement and more about corrupt government being corrupt.
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eric76
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In reply to Max06 • 12:01p, 8/16/19
AG
Max06 said:
This seems far less about the conservation easement and more about corrupt government being corrupt.
By that logic, we should have no issue with registering firearms. After all, it is the corrupt government that is the issue, not registering our firearms.
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OldCamp
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12:12p, 8/16/19
I didnt watch the half hour video...so maybe you could fill in some details.
I did try google searching, but couldn't find any news stories.

Why did the woman buy a restricted farm?
Did she not understand the restrictions of the easement?
Did she violate those restrictions?
If she knowingly violated restrictions then why should I feel sorry for her?

Conservation easements are a great tool to protect what little open space we have left.
Buyer beware
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Todd 02
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12:15p, 8/16/19
AG
I didn't watch the video, so I'm possibly making some generalizations here...

Conservation easements are fundamentally rooted in private property rights. A previous owner of that property established the conservation easement (essentially a deed restriction) and had the full rights to do so as the owner of that property. No offense to the current owner, but they probably weren't forced into owning the property. A perfect example of why you should do your due diligence when buying real estate.

I realize there are long lasting effects, including corruption of the overseeing conservation agency, but I'd sure hate to see an erosion of private property rights if conservation easements were done away with.
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AgySkeet06
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12:28p, 8/16/19
AG
There were 2 issues in the video:
1. There appeared to be constant frivolous inspections of her property to make sure there was not residential development occurring.... like checking her horse stalls and closets
2. The county was hitting her with violations for holding events (private birthday party) and for having people come on the property to buy products of the farm.
A lot of it overstepping of the conservation group she bought the land from and some wired connection of the original landowner trying to maybe get the land back

Basically moral was Virginia has weak private property rights
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rather be fishing
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In reply to OldCamp • 12:32p, 8/16/19
AG
PineTreeAg said:
I didnt watch the half hour video...so maybe you could fill in some details.
I did try google searching, but couldn't find any news stories.

Why did the woman buy a restricted farm?
Did she not understand the restrictions of the easement?
Did she violate those restrictions?
If she knowingly violated restrictions then why should I feel sorry for her?

Conservation easements are a great tool to protect what little open space we have left.
Buyer beware
I watched about 15 minutes of it.

They don't venture into whether or not she knew what the easement restrictions were when she purchased, which leads me to believe she didn't do her research.
It's possible she violated the restrictions, but it also sounds like corruption could be involved.
At the very least, she has a nut job neighbor who isn't happy about what she does with her land and falsely reported an animal cruelty case.

TL; DR caveat emptor
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aggiedent
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12:38p, 8/16/19
AG
I love conservation easements and we have used them for a couple pieces of property we wish to preserve. The specifics of what you can and can't do are written into the document. They are what YOU, as the land owner, chooses.

Here's how I see it.

1. Do your do diligence BEFORE you buy a property with a CE. Don't expect to buy the property and be able to do things that the CE doesn't allow for.

2. There is nothing the government can do to you if you are abiding by the CE rules. If you are, and they try to screw you in some manner, then it is a government problem, not a CE problem.


Sorry Eric, but saying a CE is evil is just plain silly. You're much better than that.
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MouthBQ98
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12:39p, 8/16/19
AG
I absolutely hate when local governments start doing vindictive things like that. That happened to me and I would make it my life's ambition to systematically destroy the political career or ability to practice law of every person involved by any lawful means available to me. I would be relentless until I recieved personal apologies and fair restitution. I'm surprised that the local community showed so much restraint.

The way this was presented it seems like there was a coordinated effort to harass her into selling so someone else could profit by obtaining that land.
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powerbelly
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In reply to rather be fishing • 12:41p, 8/16/19
AG
rather be fishing said:
PineTreeAg said:
I didnt watch the half hour video...so maybe you could fill in some details.
I did try google searching, but couldn't find any news stories.

Why did the woman buy a restricted farm?
Did she not understand the restrictions of the easement?
Did she violate those restrictions?
If she knowingly violated restrictions then why should I feel sorry for her?

Conservation easements are a great tool to protect what little open space we have left.
Buyer beware
I watched about 15 minutes of it.

They don't venture into whether or not she knew what the easement restrictions were when she purchased, which leads me to believe she didn't do her research.
It's possible she violated the restrictions, but it also sounds like corruption could be involved.
At the very least, she has a nut job neighbor who isn't happy about what she does with her land and falsely reported an animal cruelty case.

TL; DR caveat emptor
It seems she was not only fully aware of the restrictions but was in complete compliance. She was getting railroaded by the local government.
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Max06
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In reply to eric76 • 12:45p, 8/16/19
AG
eric76 said:
Max06 said:
This seems far less about the conservation easement and more about corrupt government being corrupt.
By that logic, we should have no issue with registering firearms. After all, it is the corrupt government that is the issue, not registering our firearms.


Actually. No. You're wrong.

By my logic, should the government choose to try to take firearms from citizens they're going to do it with or without a registry.
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ursusguy
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4:41p, 8/16/19
AG
I have sat on the land management committee of a land conservancy for 15 years now. Every landowner approached us. It was well known there would be an inspection at least once a year, and for the most part the landowners were almost overly excited to drive us around to show us what they had done, not done, got in a pissing match with the neighbor, etc. We also made sure to track real estate transactions to make sure any new owners were well aware of the restrictions.
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eric76
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In reply to aggiedent • 12:46a, 8/17/19
AG
aggiedent said:
I love conservation easements and we have used them for a couple pieces of property we wish to preserve. The specifics of what you can and can't do are written into the document. They are what YOU, as the land owner, chooses.

Here's how I see it.

1. Do your do diligence BEFORE you buy a property with a CE. Don't expect to buy the property and be able to do things that the CE doesn't allow for.

2. There is nothing the government can do to you if you are abiding by the CE rules. If you are, and they try to screw you in some manner, then it is a government problem, not a CE problem.


Sorry Eric, but saying a CE is evil is just plain silly. You're much better than that.
The left has won.
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MouthBQ98
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1:16a, 8/17/19
AG
Seems like over time, CE will build a ridiculous amount of random restrictions on a lot of land with few options to undo that, even where it would really make sense to do so in some circumstances.
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Todd 02
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6:10a, 8/17/19
AG
How Conservation Easements Benefit Wildlife and Hunters
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Secolobo
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In reply to Todd 02 • 7:10a, 8/17/19
AG
Todd 02 said:
I didn't watch the video, so I'm possibly making some generalizations here...

Conservation easements are fundamentally rooted in private property rights. A previous owner of that property established the conservation easement (essentially a deed restriction) and had the full rights to do so as the owner of that property. No offense to the current owner, but they probably weren't forced into owning the property. A perfect example of why you should do your due diligence when buying real estate.

I realize there are long lasting effects, including corruption of the overseeing conservation agency, but I'd sure hate to see an erosion of private property rights if conservation easements were done away with.
Now this statement is funny.
Can I go to sleep Looch?
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Todd 02
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In reply to Secolobo • 7:14a, 8/17/19
AG
How so?
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aggiedent
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In reply to eric76 • 8:33a, 8/17/19
AG
Oh lord. Eric, are you not the guy who has undertaken a personal crusade on this forum to vilify any form of eminent domain? The idea that nothing should supersede the rights of property owners. Even public utilities.

Why the hell should I not be able to place a conservation easement on MY property? I'm baffled as to how you see that by doing so, "the left has won."

No......my rights as property owner has won. Your statement is nonsense. When/if my property comes up for sale, no one if forcing anybody to buy it. If you don't like the CE, don't buy it. No different than if you choose not to buy a piece of property because the neighbors have a double wide trailer with tinfoil windows and 57 pit bulls.

Evil? The left has won? Really? Credibility my friend is important on this forum. Your comments are better suited for the politics forum.
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Todd 02
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In reply to aggiedent • 8:47a, 8/17/19
AG
aggiedent said:
No......my rights as property owner has won. Your statement is nonsense. When/if my property comes up for sale, no one if forcing anybody to buy it. If you don't like the CE, don't buy it. No different than if you choose not to buy a piece of property because the neighbors have a double wide trailer with tinfoil windows and 57 pit bulls.


It's no different than a deed restriction for no mobile homes or only X number of dwellings per acre. It's no different than reserving mineral rights when you sell the dirt.
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aggiedent
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In reply to Todd 02 • 9:06a, 8/17/19
AG
Or........... no different than if you buy a property with a creek or river running through it. You can't dam the river. You can't dig a canal to bypass some water to make a lake. You can't place pylons in the river to prevent boats from passing by your house.

A lot of land has built-in rules and regulations that must be followed.
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