Overcoming Myths about Conservation Easements

Mike Gaglio, the President of the Frontera Land Alliance, sent out an email on Wednesday. At issue is a story on FOX News that misrepresented land trusts as eminent domain schemes to take land from private owners. In his letter he quotes from email news from the Land Trust Alliance. Here's is what he wrote:

Dear Frontera Supporters,

I want to alert you to an issue that may come as a surprise if you plan on speaking to property owners about conservation easements as a land preservation tool. Please be aware that there IS recent bad press about land trusts out there, however it is false, misinformation. On Feb 15th, Fox news aired a short piece in which land trusts and their activities were misrepresented as participating in eminent domain, working with government agencies to take land away from private property owners. This is simply not true. The following is an excerpt from the national Land Trust Alliance newsletter (copied below) about the issue. We at Frontera can provide correct information to interested land owners.

"On Monday, a Fox Cable News interview accused land trusts of working “in cahoots” with the government to condemn private property. This reckless misinformation has caused its own blizzard of outrage from the land trust community, and the Land Trust Alliance is working quickly to set the facts straight. Just another example of why we are stronger when we work together.

"On February 15, Fox Cable News broadcast an interview with Becky Norton Dunlop, vice president of external relations at The Heritage Foundation. In it, she states that land trusts are “in cahoots” with the federal government to take private property from unsuspecting landowners. While many of the statements made are untrue, this allegation has the potential to hurt the reputation of land trusts and land conservation.

"Alliance President Rand Wentworth is asking for a private meeting with Ms. Dunlop to discuss how land trusts respect private property rights, only enter into voluntary agreements, provide property owners with additional choices for preventing development on their land, do not participate in eminent domain, and, in fact, offer the kind of private sector action that is widely supported by majorities of both Republicans and Democrats. Times like these emphasize the need for the land trust community to build strong relationships with their representatives in Congress, as well as deep and wide support in their communities to ensure that private land conservation is impervious to misguided attacks.

"To reiterate, here are some talking points if you are contacted about this piece:

· Land trusts save land that provides important public benefits, including fresh water, clean air, local food and places to explore (or insert your particular benefits)

· Land trusts respect private property rights

· Conservation easements are private, voluntary agreements

· Land trusts do not participate in eminent domain actions

· Land trusts offer the kind of private sector action that is widely supported by majorities of both Republicans and Democrats"

Please feel free to contact me to discuss further if you like.

-Mike

The bad press from FOX makes it difficult for private owners to understand how land trusts can actually be advantageous to them.

In my recent Sunrise Hikers e-letter, I wrote this about an excursion to the A on the mountain:

“'A' Mountain is part of 588 acres of the privately owned land of the Coles. (Picture here.) The Coles have not been willing to discuss a sale of their land in order to preserve it as open space. They lease the ridge to communications companies purportedly for a substantial sum of money."

Gaglio responded:

"The beauty of a conservation easement is that the Cole's, would continue to own the land, they would continue to reap the benefits of the lease of their land to the tower/communications companies, AND they quite possibly would enjoy the federal income tax benefits of a charitable donation of a conservation easement on the surrounding land...an incentive that would reduce their federal income taxes related to the purported "substantial sum of money" they receive on the same land."

Sensational news stories such as the one that aired on FOX do not help.

Negotiations with land owners are often difficult because of the poor understanding about conservation easements. "In our experience so far, it is a very delicate and touchy process," Mike Gaglio tells me. "The word 'conservation' rings in the ears of some with skepticism and sometimes disgust, inciting visions of eminent domain and other myths."

Mike is a co-owner of High Desert: Environmental Consulting and Native Plants.