[WSBARP] "Private" Conservation Easement?

[Jane Seymour]

Dear Paul:

 

I am a member of Whidbey Island Land & Shore Trust (WILST).  This
organization was founded as a 501C(3) conservation organization in 2001
under the name Whidbey Island Land Trust, for the specific purpose of
managing conservation easements declined by Whidbey Camano Land Trust.
WILST currently owns one small parcel of property for conservation.  Its
mission includes being the benefitted party in conservation easements that
benefit the public.  If your client's situation would provide sufficient
benefit to the public, and if sufficient funds are donated to provide
monitoring and enforcement, WILST could consider being the benefitted party
to your client's neighbor.  

 

Please contact me by email if you believe WILST can help.

 

Best,

 

Jane Seymour

Attorney at Law

 

JS Jane Seymour, Attorney at Law

3191 Baby Island Lane Langley WA 98260

PO Box 1240 Freeland WA 98249

 <mailto:jseymour at whidbey.com> jseymour at whidbey.com

 

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From: Paul Neumiller [mailto:pneumiller at hotmail.com] 
Sent: Tuesday, February 10, 2015 2:22 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] "Private" Conservation Easement?

 

Client ("C") has neighbor ("N") who wants to grant a conservation easement
across a portion of N's property to restrict development. C's land will
benefit from the conservation easement by preserving views of the Sound.  I
contacted the local Island County conservation agency (Whidbey Camano Land
Trust) and they inspected the property .  They flatly declined to get
involved because the property is "too small" for them, they have no other
conservation easements in the area, and they have limited personnel
resources to deal with the property (I even offered to compensate them to
take the conservation easement.)  N refuses to grant C a view easement
because it is "not permanent" enough.  N does not seem to be interested in
tax benefits from the charitable donation.

 

Anything out there comparable to a private conservation easement?  Any state
or federal level entities that can help?  Any creative ideas?  

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