Conservation Easements in Wyoming – An Overview在怀俄明–概述保护地役权.pptVIP

Conclusion Useful tool for preserving open space More are recorded every year Easements will be enforced Important part of Wyoming property law and land use This presentation is not prepared for the purpose of giving legal advice and does not constitute legal advice. It includes legal references, concepts and ideas, intended to provide a general overview of the topic and to assist with discussion of the topic. It may not be relied upon as legal advice by any person. All persons should rely on the advice of their individual attorneys and other personal advisors in implementing any legal plan. Conservation Easements in Wyoming – An Overview Robert G. Berger University of Wyoming College of Law Rural Law Center – June 2, 2011 Definition “Conservation easements are voluntary agreements that protect resources by limiting development of the land.” Alternative Explanation “Simply put, a conservation easement is a recorded restriction on what you and any future landowner can do with your land. A conservation easement is an agreement… It spells out what activities are prohibited on the property in the future and what activities are permitted on the property in the future. The easement is enforceable against you and any future owner of your land.” Wyoming Law “‘Conservation easement’ means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archeological or cultural aspects of real property.” Conservation Easement Created in a contract or deed Landowner gives up rights Easement holder has rights to enforce Protects conservation values Prohibits most commercial/industrial uses Retain rights to agricult