Breaking Permanent Easements

January 23, 2001 Farm Bill Network Listserv Discussion Summaries

By Amy Papenfuss and Wendy Dickie, umbsn@smumn.edu

In this discussion, participants explained land easements, which are lands that have been purchased by the state or federal government. They explained that typically the landowner is paid a fair sum for the easement. The purpose for the easement is to enhance the conservation practices of the area. Most of the easement contracts are permanent, but under hardship or neglect, they maybe reviewed for alteration. So far in Minnesota, 3,000 landowners have been enrolled in the conservation easement program. Following are highlights from the discussion:

Steve Riley

· An easement is essentially the purchase of a portion of the values of a given tract of real estate. Depending upon the terms of the easement and the easement holder's rights, the easement can be altered.

· Eminent domain is also a very real means of "breaking" a perpetual easement. Perhaps of greater concern though is the neglect of a perpetual easement by a holder who has lost interest in protecting the easement.

· http://www.bwsr.state.mn.us/programs/major/rim.html

Tabor Hoek

· Minnesota has been offering permanent conservation easements through its RIM program since 1986. We have enrolled 100,000 acres for 3000 landowners to benefit the state water quality and wildlife habitat.

· Our CREP agreement should allow us to enroll another 70,000 before Sept. 2002.

· We have, on a few occasions, changed easement acres or traded for other lands when a hardship or public benefit is demonstrated. Our agency board makes that decision after discussing the merits of the request with many others.

· Easements associated with CREP will follow CRP procedures until the contract expires. I must stress it is rare, and not convenient, to modify these easements and does cost the landowner some money. The recreational value of these easements continues to grow which takes care of the tax and maintenance issues.