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2,657,218
Hi Peter.
In addition to State and Federal Governments, there may also be Land Trusts. I have some property in the mountains, there is a 65 acre conservation easement adjoining on our north side. That parcel is owned by Nature Conservancy. They have a very lengthy Deed Restriction that limits/controls any development, access or use to that property. To our east is another large acreage parcel owned by Naturaland Trust. Same story, they don't want any development or infrastructure of any kind.
A different kind of easement is the cross-country powerline about 10 miles to the south. That goes over people's land; it is owned by Duke Energy in conjunction with the States of South and North Carolina.
As always, see a real estate attorney before buying, selling, or brokering a property that is affected by an easement.
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Debe Maxwell, CRS
Charlotte, NC
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Kris Collis, Associate...
East Stroudsburg, PA
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Doug Dawes
Georgetown, MA
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Bob "RealMan" Timm
Minot, ND
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John Juarez
Fremont, CA
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Carla Freund
Raleigh, NC
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Lyn Sims
Schaumburg, IL
897,538
Most likely they are different in different states and counties.
West VA and VA have different ways of handling conservation easements.
https://www.wvlandtrust.org/protect-your-land/
https://www.loudoun.gov/2816/Conservation-Easements-in-Loudoun-County
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Debe Maxwell, CRS
Charlotte, NC
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Kris Collis, Associate...
East Stroudsburg, PA
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Doug Dawes
Georgetown, MA
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Buzz Mackintosh
Frederick, MD
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Bob "RealMan" Timm
Minot, ND
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John Juarez
Fremont, CA
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Carla Freund
Raleigh, NC
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Kathleen Daniels, Prob...
San Jose, CA
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Fred Griffin Florida R...
Tallahassee, FL
3,276,659
They are both state and federal, Peter Mohylsky, Beach Expert
Be mindful of all the "land grabs" taking place in our country!
What states today could be stolen tomorrow.
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Kris Collis, Associate...
East Stroudsburg, PA
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Debe Maxwell, CRS
Charlotte, NC
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Doug Dawes
Georgetown, MA
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Buzz Mackintosh
Frederick, MD
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Fred Griffin Florida R...
Tallahassee, FL
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Bob "RealMan" Timm
Minot, ND
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Carla Freund
Raleigh, NC
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Kathleen Daniels, Prob...
San Jose, CA
2,292,110
They can be either State or Federal Peter Mohylsky, Beach Expert . My only experience has come from high voltage power lines and Game and Fish easements.
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Kris Collis, Associate...
East Stroudsburg, PA
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Doug Dawes
Georgetown, MA
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Bob "RealMan" Timm
Minot, ND
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Debe Maxwell, CRS
Charlotte, NC
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John Juarez
Fremont, CA
-
Carla Freund
Raleigh, NC
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
1,013,359
Provisions in AZ Statute for conservation easements
Since only 18% of AZ property is privately owned and we have several large national parks, I believe both state and federal government control various conservation easements in AZ.
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Kris Collis, Associate...
East Stroudsburg, PA
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Debe Maxwell, CRS
Charlotte, NC
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Doug Dawes
Georgetown, MA
-
Bob "RealMan" Timm
Minot, ND
-
John Juarez
Fremont, CA
-
Carla Freund
Raleigh, NC
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Lyn Sims
Schaumburg, IL
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Fred Griffin Florida R...
Tallahassee, FL
386,670
State by state rules and Federal can also overlay. West coast we have The Coastal Commission which rules with a whip. You have Florida Oceans and Coastal Counsel. Also strict regulations about water, water runoff, septic, easements for riparian rules and rights. Conservation easements allow past permitted residential use without changes to scenic, wildlife, and open space. They can be between landowner and land trust or person or government or a private company. Florida has FNIA Florida Natural Areas Inventory which posts a database of 1900 + parcel areas here: https://www.fnai.org/ this does not cover all. I'm an active member of Pearl River Keepers a non profit working to keep this Mississippi River beautiful and healthy - Florida has MANY organizations like this. here's a list of some of the 501 c's in Florida that deal with all types of land conservation https://www.causeiq.com/directory/land-conservation-groups-list/florida-state/
It's not just the Sierra Group that does this there are a thousand entities.
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Kris Collis, Associate...
East Stroudsburg, PA
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Doug Dawes
Georgetown, MA
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Eileen Burns 954.483.3912
Fort Lauderdale, FL
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Buzz Mackintosh
Frederick, MD
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Fred Griffin Florida R...
Tallahassee, FL
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Bob "RealMan" Timm
Minot, ND
6,181,016
Yes, they are all different, written to achieve different results. The one thing they have in common is the objective of limiting landowner rights.
I am not in favor of them, however they are better than outright "Taking" which is what most govt agencies tend to do.
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Kris Collis, Associate...
East Stroudsburg, PA
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Doug Dawes
Georgetown, MA
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Buzz Mackintosh
Frederick, MD
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Georgie Hunter R(S) 58089
Haiku, HI
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Fred Griffin Florida R...
Tallahassee, FL
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Bob "RealMan" Timm
Minot, ND
4,741,641
Sorry Peter can not help you.
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Kris Collis, Associate...
East Stroudsburg, PA
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Doug Dawes
Georgetown, MA
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Bob "RealMan" Timm
Minot, ND
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Debe Maxwell, CRS
Charlotte, NC
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John Juarez
Fremont, CA
670,879
Oregon is 53% owned by the federal government. We deal with wildlife easements, BLM and national forests. There are some state restrictions as well.
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Kris Collis, Associate...
East Stroudsburg, PA
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Doug Dawes
Georgetown, MA
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Fred Griffin Florida R...
Tallahassee, FL
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Bob "RealMan" Timm
Minot, ND
4,997,605
I would say they are different in different states - and even in different municipalities. I've dealt with conservation easements on the lake as well as in-town (a Blue Heron rookery was adjacent to a property that I sold and state guidelines had to be Disclosed).
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Buzz Mackintosh
Frederick, MD
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Debe Maxwell, CRS
Charlotte, NC
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Doug Dawes
Georgetown, MA
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Bob "RealMan" Timm
Minot, ND
870,707
Looks like you have some great answers here.
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Doug Dawes
Georgetown, MA
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Bob "RealMan" Timm
Minot, ND
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Debe Maxwell, CRS
Charlotte, NC
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John Juarez
Fremont, CA
1,152,240
In Massachusetts, the individual communities are allowed to establish stricter environmental bylaws than the State has implemented
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Buzz Mackintosh
Frederick, MD
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
5,012,742
Both in my experience and don't think it has changed since I retired. anytime you have a property affected by and easement, consult with an attorney familiar with easement issues. They may contain more than a few surprises.
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Kris Collis, Associate...
East Stroudsburg, PA
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Bob "RealMan" Timm
Minot, ND
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Doug Dawes
Georgetown, MA
604,430
In Maryland each local County sets parameters for where conservation easements can be placed. There is also a State disclosure addendum to be added if there is one on the property you are selling.
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Kris Collis, Associate...
East Stroudsburg, PA
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Bob "RealMan" Timm
Minot, ND
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Doug Dawes
Georgetown, MA
1,217,269
I have no experience with conservation easements. All my business is in urban areas and I have not run into anything other than easements for utilities and such.
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Doug Dawes
Georgetown, MA
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Bob "RealMan" Timm
Minot, ND
326,967
US gov owns 47% of all land in the West.
https://www.nytimes.com/2016/01/06/upshot/why-the-government-owns-so-much-land-in-the-west.html
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Bob "RealMan" Timm
Minot, ND