[WSBARP] "Private" Conservation Easement?

[Koons, Warren]

Paul, what about an exclusive use easement that gives C the exclusive right to use the portion of N's property and prohibits N from using or entering onto it.

~ Warren

Warren Koons | Davis Wright Tremaine LLP
777 108th Avenue NE, Suite 2300 | Bellevue, WA 98004
Tel: (425) 646-6117 | Fax: (425) 646-6199
Email: warrenkoons at dwt.com<mailto:warrenkoons at dwt.com> | Website: www.dwt.com<http://www.dwt.com/>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
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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