Summary of Conservation Easements
A conservation easement is a contract between a landowner and a land trust. Land
trusts can be a government agency or a non-profit conservation organization. The
easement places permanent limits on the future use of the property in order to protect
the conservation values of the land. The easement may also specifically protect
natural, scenic, historic, or open-space features of the property. Each easement
is unique. The easement terms are negotiated between the landowner and the land
trust. Except for rights explicitly given up in the easement, the landowner continues
to own, use and control the land. The landowner can still decide who has access
to the property and for what purpose. An easement is a particularly useful tool
for ensuring protection of Virginia's natural beauty because an easement runs in
perpetuity - it binds not only the current landowner, but all future owners of the
property.
Virginia Land Conservation Easements can be donated to a number of public and private
entities. The vast majority of conservation easements are donated to the Virginia
Outdoors Foundation, a state agency established by the Virginia General Assembly
to hold easements in public trust. The Virginia Department of Historic Resources
and the National Park Service may also accept easements. Additionally, easements
can be held by certain qualified non-profit conservation organizations.