Orphan Easements (aka problem/neglected easements)

Land trusts are required to monitor easements each year. Your Colorado easement becomes an “orphan” if your easement holder is found to fail to monitor, or if your holder fails to receive accreditation from the Conservation Easement Oversight Commission (CEOC). It has been our experience that the CEOC is comprised of a majority of persons who work for or are politically connected to large land trusts with great political clout and staggering resources. Be aware that your “orphan” may be acquired with or without your knowledge or consent years after your original agreement. Think very carefully about perpetuity and what legal burdens may face your heirs long after you have received compensation for reducing the value and use of your private property. Post easement the land trust will decide the “highest and best” use of your property and you may very well have a new “parent” with an agenda and leadership that is very different than your small local land trust.

A Case Study of and Guide to Transferring Neglected/Orphan Easements- Colorado Cattlemen’s Agricultural Land Trust

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