Conservation Easement Policy Wednesday, October 16, 2002
STATEMENT OF PRINCIPLE:
The Maine Woods Coalition believes that Conservation Easements that limit or eliminate the possibility of future development must be approached in a cautious manner. Two guiding tenets of the Coalition regarding easements are:
- Protecting the use of land for traditional Maine access and recreation; and,
- Promoting, protecting, and preserving private property rights, including responsible future development.
Actions that interfere, or have the capacity to do so, with these rights and uses must be regarded with healthy skepticism and be shown to have significant public benefit. Easements that seek public monies to fund all or part of them must be reviewed carefully to ensure the public interest is properly served and that the easement does not jeopardize that public interest. In keeping with this philosophy, the Coalition has developed several evaluation tools to guide it in assessing the benefits or detriments of proposed Conservation Easements.
EVALUATION OF CONSERVATION EASEMENTS:
The following considerations will be used by the Maine Woods Coalition to evaluate and possibly endorse proposed Conservation Easements, if public funds are required to finance them, either all or in part:
1. Representatives of the general public, including members of the general public residing within or in proximity to the area affected by the easement, are intimately involved in the negotiation of the easement and the negotiations are “transparent”.
2. The public, through a government entity, will hold the easement.
3. There is a distinct and demonstrable development pressure on the affected land that is deemed to be counter to the general public interest.
4. The easement protects traditional uses of the area by citizens, which include, but are not limited to, hunting, fishing, camping, boating, hiking, trapping, forestry, etc. Limitation on forest management practices may be allowable if they are based on sound forestry practices and sustainable yields.
5. The easement provides a direct and defined public benefit.
6. There may be some opportunity for limited development, if such development is generally consistent with the existing character of the easement area, is of low impact on resources, and is compatible with other existing development.
7. The easement protects or enhances existing property rights of non-parties directly affected by creation of the easement.
8. The easement contains no provision directing or facilitating transfer of the public rights acquired thereunder to any agency or entity for the purpose of creating or augmenting a future or existing national park. It is recognized that the eminent domain authority of a government entity is exempted from this consideration.
9. The easement is granted for a period of up to 75 years, but the easement contains no provisions limiting the right of all parties to the easement to voluntarily modify or revoke its provisions at a future date.
10. The Coalition may consider other factors deemed to be in the interest of the Coalition membership.
