[WSBARP] "Private" Conservation Easement?

Wed Feb 11 15:45:42 PST 2015

Actually, we tried a view easement.  Once presented to N (after meeting with N and making sure that he would accept it), N changed his mind and said he wanted a conservation easement after all.  We suggested to have several neighbors be benefitted by the view easement (and thus more difficult to overturn because it requires multiple parties to agree to overturn the view easement) and that suggestion fell on deaf ears.

Thanks to all who responded with comments and suggestions.  

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Wednesday, February 11, 2015 1:26 PM
To: WSBA Real Property Listserv; 'scott scottgthomaslaw.com'
Subject: Re: [WSBARP] "Private" Conservation Easement?

Why not just call it a view easement or a development agreement (limiting the height or something like that) or other arrangement.  Seems to me the real concern is the view and not so much preserving the property for other purposes.

Catherine C. Clark

Law Office of Catherine C. Clark PLLC

701 Fifth Avenue, Suite 4105

Seattle, WA  98104

Phone:  (206) 838-2528

Fax: (206) 374-3003

Email:   <mailto:cat at loccc.com> cat at loccc.com

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From:  <mailto:wsbarp-bounces at lists.wsbarppt.com> wsbarp-bounces at lists.wsbarppt.com [ <mailto:wsbarp-bounces at lists.wsbarppt.com> mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jane Seymour
Sent: Tuesday, February 10, 2015 4:33 PM
To: 'scott scottgthomaslaw.com'; 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] "Private" Conservation Easement?

I am almost certain that Island County would not be interested.  

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: scott scottgthomaslaw.com [ <mailto:scott at scottgthomaslaw.com> mailto:scott at scottgthomaslaw.com] 
Sent: Tuesday, February 10, 2015 3:05 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] "Private" Conservation Easement?

Government entities may entertain the idea, particularly if there is some added benefit such as slope protection.  Plus, the property is stricken from the tax rolls.  I have accepted these types of easements on small parcels for local governments such as cities, and know that some counties will also accept donations of this kind.

On February 10, 2015 at 2:21 PM Paul Neumiller <pneumiller at hotmail.com <mailto:pneumiller at hotmail.com> > wrote: 

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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Scott G. Thomas
Law Office of Scott G. Thomas
1204 Cleveland Avenue
Mount Vernon, WA 98273
(360) 503-1042
www.scottgthomaslaw.com <http://www.scottgthomaslaw.com> 

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