Stewardship FUNdamentals

Connecticut

Land Conservation ConferenceMarch 15, 2014

Welcome & Overview

• Summarize stewardship practices• Discuss critical components of stewardship• Talk about how to implement what we learn

What are you hoping to learn about stewardship?

Stewardship. What do we mean?

Easement Stewardship

• Stewardship Funding• Baseline Documentation• Easement Monitoring• Landowner Relations• Violation Resolution• Amendments• Record Keeping

Funding Easement Stewardship• Why are they needed?

– Forever is a long time– Technical support needs

• Determining funds – What are they for?– Not legal defense– Models for calculating

• Raising funds (not just purchase price)– Landowner– Community– Grants

• How are they managed– Have a policy

Baseline Documentation (BDR)• Purpose• Timing• Tackling the Backlog• Current Conditions Reports• Completing future BDR’s

Easement Monitoring• Purpose• Who monitors• When/How often• Keeping track• Procedures/training

Easement Monitoring (cont.)• Monitoring forms

– Property name

– Date

– Name of monitor

– Observations

– Description of area monitored or route

– No change observed

– Conditions (weather, method of travel)

– Affiliation/address of monitor

– Presence/absence of landowner

Landowner Relations• Benefits of relationship building

– Partners

» Technical assistance

» Financial assistance

• Succession– How do you find out?

– Tracking ownership changes

– Welcome to your land trust

– Develop procedures

Violation Resolution• Landowner vs. 3rd party violations• Have a policy & set of procedures

– Assessment

– Roles & Responsibilities

– Timing and nature of communication

• Documentation!– Discovery

– Documentation

– Review

– Resolution

Amendments• Summary

– Strengthening easement– Improving enforceability– Adding acreage

• Have a policy and set of procedures– Circumstances to consider– Roles & responsibilities– Amendment principles

» Public interest and mission» Comply w/federal, state, local laws » Not jeopardize tax exempt status» Consistent with purpose and intent

– Procedures specific to type of amendment

Record Keeping• Irreplaceable Documents

– Know where your originals are, protect them and make copies

– What are they?» Legal agreements, deeds, easements, amendments» Critical correspondence» BDR’s» Monitoring reports» Title insurance or evidence of search» Appraisals» 8283» Surveys*» Contracts/leases*

Record Keeping

• Have a records policy and procedures• Storage

– Electronic

– Paper

– Separate Location

– Fire proof cabinets/safe

Easement Stewardship Discussion

• Stewardship funding• Baseline documentation reports• Monitoring easements• Landowner relations• Violation preparedness• Amendments

Fee Land Stewardship

• Stewardship Funding• Principles• Land Management• Administration• Monitoring• Community Outreach

Funding Fee Land Stewardship• Fee Land Stewardship

– More resource intensive

– Raising the funds

– Calculating what is needed

– Managing the funds

Stewardship Principles• Guidelines for LT• Determines uses• Improvements• Future management

Land Management • Developing a Plan

– Data collection

– Goals and strategies

– Resources needed

– Implementation schedule

– Evaluation

• Timing

Administration

• Insurance, taxes, budgeting• Related policies

– Uses of fee owned land

• Record keeping

Monitoring• Boundary marking• Monitoring visits• Issue resolution• Talking to abutters

Community Outreach

• Being a good neighbor• Community reputation• Ambassadors for your land trust• Connection to the community

Fee Land Stewardship Discussion

• Management plans • Outreach • User challenges • Violation risk

Tools and Resources

• Connecticut Land Conservation Council• Neighboring Land Trusts• Land Trust Alliance

– Alliance Staff– Learning Center– Stewardship Forum

• Terrafirma

What Terrafirma Covers

• Defense against litigation regarding conservation easements and fee-owned land;

• Enforcement of legal rights by conservation easement holders and fee-land owners when those respective rights are violated;

• Fees for alternative dispute resolution, such as mediation fees, court filing fees, negotiation fees and the like for both defense and enforcement coverage;

• Any appeals up to the policy limits;

• Coverage is solely for litigation, mediation, negotiation and other dispute resolution expenses, and not for damages or the cost of corrective work on the ground.

• A single-loss limit of $500,000 with a deductible of $5,000and a limit on all claims in a single year of $500,000.

13 Eligibility Criteria1. Good standing2. Tax exempt3. Complete baselines4. Complete inventory for every parcel of fee-owned land5. Annual monitoring easements6. Regularly monitors fee-owned land7. Land Trust Alliance member in good standing8. No final judgments for bad acts9. No on-going governmental investigation or inquiry10. Operating at breakeven or has a plan to reach breakeven 11. General liability insurance12. Implemented written records policy and secure record system 13. Actively building defense reserves

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Cost & Discounts

• Base premium $60 per

• Risk management webinar - $1 off per

• Good practices discount - $4 off per

• Accreditation discount - $11 off per

Questions

• Kevin Case, Northeast Director

Land Trust Alliance

860.693.6533

kcase@lta.org

• Becca Washburn, NE Conservation Manager

Land Trust Alliance

802.793.3432

rwashburn@lta.org