Hmmmmm...so they start off by getting so called ‘easements’ and then eventually use the government and marxist legislators to have control over the land use..thus destroying private property rights. Do I have that about right?
I think people would be surprised to learn that many of our states ‘economic developemnt councils’ have been infiltrated by these same sorts. Just go visit your states ‘economic development councils’ and we could probably find this Agenda 21 crap everywhere.
Yikes! People would have to be utter fools to enter into one of these agreements. Why do they do it? Do they get big tax breaks?
From the site:
4. PROHIBITED ACTIONS. Any activity on, or use of, the Property which is inconsistent with the Purposes of this Conservation Easement or which is detrimental to the Conservation Values is expressly prohibited. By way of example, but not by way of limitation, the following activities and uses are explicitly prohibited:
A. Division. Any division or subdivision of the Property, without the express written approval of the Conservancy, is prohibited.
B. Commercial Activities. Any commercial activity on the Property is prohibited, except as associated with permitted activities as specified in Section 5 below.
C. Industrial Activities. Any industrial activity on the Property is prohibited.
D. Construction. The placement or construction of any human-made modification such as, but not limited to, structures, buildings, fences, roads, and parking lots is prohibited.
E. Cutting Vegetation. Any cutting of trees or vegetation, including pruning or trimming, is prohibited, except for the cutting or removal of trees or vegetation that pose a threat to human life or property.
F. Land Surface Alteration. Any mining or alteration of the surface of the land is prohibited, including any substance that must be quarried or removed by methods that will consume or deplete the surface estate, including, but not limited to, the removal of topsoil, sand, gravel, rock, and peat. In addition, exploring for, developing, and extracting oil, gas, hydrocarbons, or petroleum products are all prohibited activities.
G. Dumping. Waste and unsightly or offensive material is not allowed and may not be accumulated on the Property.
H. Water Courses. Natural water courses, lakes, wetlands, or other bodies of water may not be altered.
I. Off-Road Recreational Vehicles. Motorized off-road vehicles such as, but not limited to, snowmobiles, dune buggies, all-terrain vehicles, and motorcycles may not be operated off of designated roads on the Property.
J. Signs and Billboards. Billboards are prohibited. Signs are prohibited, except the following signs may be displayed to state:
1) The name and address of the property or the Owner’s name.
2) The area is protected by a conservation easement.
3) Prohibition of any unauthorized entry or use.
4) An advertisement for the sale or rent of the Property.
5. PERMITTED USES. The Owner retains all ownership rights that are not expressly restricted by this Conservation Easement. In particular, the following rights are reserved:
A. Right to Convey. The Owner retains the right to sell, mortgage, bequeath, or donate the Property. Any conveyance will remain subject to the terms of the Conservation Easement and the subsequent Owner will be bound by all obligations in this agreement.
B. (Optional) Right to Maintain and Replace Existing Structures. The Owner retains the right to maintain, renovate, and replace the existing structure(s) as noted in the Baseline Documentation Report in substantially the same location and size. Any expansion or replacement may not substantially alter the character or function of the structure. Prior to beginning renovation or replacement of the existing structures, the Owner will provide a written plan to the Conservancy for the Conservancy’s review and approval. Such approval shall not be unreasonably withheld.
C. (Optional) Right to Add Designated Structures or Uses. The Owner retains the right to add the following structures, modifications, or uses on the following legally described portion of the Property (Insert legal description of building envelope). Prior to beginning construction, the Owner will provide a written plan to the Conservancy for the Conservancy’s review and approval. Such approval shall not be unreasonably withheld.
6. RIGHTS OF THE CONSERVANCY. The Owner confers the following rights upon the Conservancy to perpetually maintain the Conservation Values of the Property:
A. Right to Enter. The Conservancy has the right to enter the Property at reasonable times to monitor the Conservation Easement Property. Furthermore, the Conservancy has the right to enter the Property at reasonable times to enforce compliance with, or otherwise exercise its rights under, this Conservation Easement. The Conservancy may not, however, unreasonably interfere with the Owner’s use and quiet enjoyment of the Property. The Conservancy has no right to permit others to enter the Property. The general public is not granted access to the Property under this Conservation Easement.
B. Right to Preserve. The Conservancy has the right to prevent any activity on or use of the Property that is inconsistent with the Purposes of this Conservation Easement or detrimental to the Conservation Values of the Property.
C. Right to Require Restoration. The Conservancy has the right to require the Owner to restore the areas or features of the Property that are damaged by any activity inconsistent with this Conservation Easement.
D. Signs. The Conservancy has the right to place signs on the Property that identify the land as protected by this Conservation Easement. The number and location of any signs are subject to the Owner’s approval.
7. CONSERVANCY’S REMEDIES. This section addresses cumulative remedies of the Conservancy and limitations on these remedies.
A. Delay in Enforcement. A delay in enforcement shall not be construed as a waiver of the Conservancy’s right to eventually enforce the terms of this Conservation Easement.
B. Acts Beyond Owner’s Control. The Conservancy may not bring an action against the Owner for modifications to the Property resulting from causes beyond the Owner’s control, including, but not limited to, unauthorized actions by third parties, natural disasters such as unintentional fires, floods, storms, natural earth movement, or even an Owner’s well-intentioned action in response to an emergency resulting in changes to the Property. The Owner has no responsibility under this Conservation Easement for such unintended modifications.
C. Notice and Demand. If the Conservancy determines that the Owner is in violation of this Conservation Easement, or that a violation is threatened, the Conservancy shall provide written notice to the Owner. The written notice will identify the violation and request corrective action to cure the violation and, where the Property has been injured, to restore the Property.
However, if at any time the Conservancy determines, at its sole discretion, that the violation constitutes immediate and irreparable harm, no written notice is required. The Conservancy may then immediately pursue its remedies to prevent or limit harm to the Conservation Value