Purdue University is an Equal Opportunity/Equal Access institution. Private Conservation Contracts...
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Transcript of Purdue University is an Equal Opportunity/Equal Access institution. Private Conservation Contracts...
Purdue University is an Equal Opportunity/Equal Access institution.
Private Conservation Contracts (PCC’s)
Role in Providing Green Infrastructure
Purdue University is an Equal Opportunity/Equal Access institution.
Purdue University is an Equal Opportunity/Equal Access institution.
“Easement” is a Misnomer
• Easement adopted to avoid using the correct legal term– Negative Servitude
• Restraint on owner of real property to make designated uses of the property
– Easement • Generally refers to a positive servitude, a right
of one party to use the property of another
Purdue University is an Equal Opportunity/Equal Access institution.
Relationship of PCC’s to Land Use Planning
• PCC programs usually started and conducted independent of comp plans and zoning
• Provision of green infrastructure requires partnering of GO’s and NGO’s
• PCC’s are only one tool in toolkit
Purdue University is an Equal Opportunity/Equal Access institution.
Statutory Authority
• Uniform Conservation Easement Act (IC 32-23-5)– UCEA developed in response to private
contracts that courts were asked to enforce
• Overcomes common law rule against perpetuities
Purdue University is an Equal Opportunity/Equal Access institution.
• Private contract between an owner of real property, and
• Any unit of government empowered to hold real property
• Charitable corporation, association, or trust having as at least one of its purposes, the following
Purdue University is an Equal Opportunity/Equal Access institution.
• Retaining or protecting natural, scenic, or open space values of real property;
• Assuring availability of the real property 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.
Purdue University is an Equal Opportunity/Equal Access institution.
Role of PCC’s is Increasing• Retain agricultural activities and thereby
agricultural land uses• Protect ecologically important tracts of land• Aesthetic benefits
– Historical districts– Scenic vistas
• Provide public access and connectivity
Purdue University is an Equal Opportunity/Equal Access institution.
A Private Contract
• Misunderstandings result from requirements for federal income tax benefits– Granting of qualifying rights in perpetuity needed
for donor to get income tax deduction– Perpetual grant not required for contract to be
enforceable
• Public access not required
Purdue University is an Equal Opportunity/Equal Access institution.
PCC’s Can Be Changed• Lands subject to PCC’s are subject to eminent
domain– Eminent domain could be used to create CE’s, but not
recommended– Has been used as a requirement for receipt of building
permit in jurisdictions with strong “environmental zoning”
• Parties to a CE contract can by mutual agreement change the terms
• Courts can change the terms when the contract – No longer provides a public benefit,– No longer treats parties equitably
Purdue University is an Equal Opportunity/Equal Access institution.
Enforcement
• Contract may allow enforcement by a 3rd party
• Significant costs incurred to assure compliance by land owner– Best to develop a working relationship
between PPC holder and landowner
Purdue University is an Equal Opportunity/Equal Access institution.
Landowners Motivation
• Sincere desire to help community and/or environment– Working with conservation groups provides
access to motivated landowners
• Rule from the grave– Maintain current use of property
• Reduce income and/or estate tax
Purdue University is an Equal Opportunity/Equal Access institution.
Uses In Indiana
• Natural Resources Conservation Service (US Department of Agriculture) – Riparian buffer– Wetlands– Farm and Ranch Lands Protection Program
• Funds not available for required match• http://www.nrcs.usda.gov/programs/frpp/• http://www.in.nrcs.usda.gov/programs/FRPP/pdf%20files
/FRPP%20page%202.pdf
Purdue University is an Equal Opportunity/Equal Access institution.
Uses In Indiana
• Forest Legacy Program (USDA Forest Service)– http://
www.fs.fed.us/spf/coop/programs/loa/flp.shtml
– IDNR, Division of Forestry• http://www.in.gov/dnr/forestry/
Purdue University is an Equal Opportunity/Equal Access institution.
Uses In Indiana• Land Trusts
– Focused on ecological benefits– Land Trust Alliance
• www.lta.org – Indiana Land Protection Alliance
• www.indianalandtrusts.org
• Resource Conservation and Development Districts– Farmland retention