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Conservation easements are a relatively new stewardship technique which are essentially agreements that set out conservation obligations for a property and are then registered on the land title. A variety of tax benefits can flow to the land owner from agreeing to enter into a conservation easement. The foundation for obtaining such benefits is the appraisal of the easement. This report examines concepts and applications of the valuation of conservation easements in Canada, primarily through appraisal methodologies and applied within income and property tax regimes. Comparisons are made to conservation easement experience in the United States.
"Examines the case for introducing 'conservation covenants' into the law of England and Wales, and considers how a scheme of conservation covenants might be framed. A conservation covenant is a private agreement made by a landowner, for the purposes of conservation"--Page iii.
This publication describes the use of legal tools and incentives mechanisms for the conservation of private lands in Latin America, and assesses their implementation record. It reviews both mandatory provisions and the use of voluntary instruments such as easements and private reserve designations that have grown in use since the early 1990s. It ends with recommendations for an improved framework for private lands conservation, and presents model laws for the creation of private reserves and conservation easements.
The issue was whether these additions violated the section of the easement that prohibited "extension of the existing structure or erection of additional structures."28 The District of Columbia Court of Appeals found the term "extension" ambiguous, because it could include increasing the density of the house, as Arnold had done, or could be limited to expanding the outer frame or "envelope" of the [...] The Court of Appeal applied the rule in favour of the free use of land, and the rule requiring the resolution of ambiguities in favour of the 26 Arnold, supra note 8 at 797. [...] In particular, in Bennett v. Commissioner of Food and Agriculture ("Bennett") the Supreme Judicial Court of Massachusetts made the following comments, in obiter, regarding conservation restrictions: Where the beneficiary of the restriction is the public and the restriction reinforces a legislatively stated public purpose, old common law rules barring the creation and enforcement of easements in gr [...] Rather than discuss the interpretive presumption, the court commented as follows: In addition to its social benefits, a conservation restriction yields an economic benefit to the grantor of the restriction and successor owners of the property... In return for that benefit to the owner, it is reasonable that the conservation restriction be protected against expedient exemptions which defeat the purpo [...] Noting that the town code included the amended regulations, from which the covenant borrowed language, the court applied the code's definition of unit to the easement.