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Land
Preservation Basics
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- Government Programs
Government programs at state and federal levels offer
numerous land preservation options to landowners: purchase
(one-time payment or periodic payments over time) of
easements for wildlife habitat, streambank protection, or
publicly accessible trails; grants or loans to local units
of government or nonprofit organizations for acquisition of
conservation lands (Wisconsin’s Knowles-Nelson Stewardship
Program, e.g.). For more information on government
initiatives, click on the links noted on this page.
- Deed Restrictions
Deed restrictions and restrictive covenants also preserve
land. They impose limitations on current and future uses of
the land. Restrictive covenants are commonly employed by
developers of residential subdivisions. They may dictate
what each homeowner can do in terms of landscaping, storage
buildings, exterior siding and trim colors, etc., and often
address the protection and maintenance of open space held in
common ownership by all the homeowners.
Deed restrictions and restrictive covenants are recorded
along with the deed, therefore theoretically giving every
purchaser notice of the limitations imposed. While they are
generally legally enforceable, in some circumstances the
courts have overturned deed restrictions where enforcement
might present undue hardship or because of changed physical,
economic or social conditions
- Land Protection Agreements
(Conservation Easements)
Glacial Lakes Conservancy’s primary means of land
preservation is the land protection agreement, or
conservation easement. LPAs may be either purchased or
donated. Glacial Lakes relies almost exclusively on donated
conservation easements to permanently preserve land.
Through voluntary land protection agreements landowners
preserve natural areas such as shoreland, wildlife habitat,
woods or wetlands, or preserve working farmland or other
“open” spaces and scenic views. An LPA allows the owner to
preserve the land, retain control of its use, and realize
significant income and estate tax savings. While Wisconsin
law encourages property tax relief, local assessors do not
automatically do so.
The LPA is recorded (as a conservation easement) as an
addendum to the property deed. Because a typical land
protection agreement contains limitations and restrictions
on use of the property (e.g., giving up the right to
subdivide, mine or harvest timber), recording it means that
all future owners will know that they, too, are bound by its
terms. As opposed to deed restrictions or restrictive
covenants, which are placed to benefit private individuals,
conservation easements have a public purpose (not
necessarily public access) which courts are reluctant to
overturn.
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Links to Partners & Agencies
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