571:. This paper identified numerous ways for operating land trusts more efficiently, pointing out that conservation easement and other tools for land preservation may be less costly than ownership. Sometimes the various rights associated with land ownership are separable. A preservationist organization may, for instance, buy only the extraction rights on a property with oil or minerals, and then rent those rights to extracters on the organization's terms. The terms might include requirements to protect the environment and pay the organization royalties on materials extracted. Many land trust organizations had already been using these strategies for years when this report was published.
524:, land trusts rely on donations, grants and public land acquisition programs for operating expenses and for acquiring land and easements. Donors often provide monetary support, but it is common for conservation-minded landowners to donate an easement on their land, or the land itself. Some land trusts also receive funds from government programs to acquire, protect, and manage land. Some trusts can afford to pay employees, but many others depend entirely on volunteers. According to the 2005 National Land Trust Census, 31% of land trusts reported having at least one full-time staff member, 54% are all volunteer, and 15% have only part-time staff.
461:
360:
587:, double the 4.7 million acres (19,000 km) recorded in the 1998 survey. Over 5 million acres (20,000 km) of that was protected by conservation easement in 2003. Although it does not include national or international land trusts in its Census, the LTA estimates another 25 million acres (100,000 km) in the U.S. have been protected by those organizations. The largest amount of land protected by local and regional trusts is in the
160:. The statute declared that if one party held land "for the use of" or in trust for another ("beneficiary"), then legal title was vested in the beneficiary. Obviously, if the statute had been given literal effect, there would be no trust law. Shortly after the statute was enacted, however, English courts declared that the statute only applied if the trust was passive, that is, the trustee didn't do anything but hold the land.
583:, formed in 1981, provides technical support to land trusts in the United States. The Alliance performs a National Land Trust Census that keeps track of the land protected by local and regional land trusts. The last Census, conducted in 2003, reported that these trusts have protected almost 9.4 million acres (38,000 km) of land in the
188:. It ruled that if a land trust was set up with some minor duty on the trustee (such as to deed the property to the beneficiaries 20 years later), then the trust would not be considered passive and would be valid. Thus, the land trust in America today is often called an "Illinois-type" land trust or "Illinois Land Trust".
419:, as well as smaller organizations that operate on national, state/provincial, county, and community levels. Conservation trusts often, but not always, target lands adjacent to or within existing protected areas. However, land areas that are particularly valuable in terms of natural or cultural resources or are home to
156:. At that time, people used land trusts to hide their ownership of land so they would not have to serve in the military or fulfill other obligations of land ownership. For example, an elder uncle would hold his nephew's land so he would not have to join the king's army. To end this, King Henry in 1536 passed the
555:
Conservation easements offer great flexibility. An easement on property containing rare wildlife habitat might prohibit any development, for example, while an easement on a working farm might allow the addition of agricultural structures. An easement may apply to all or a portion of the property, and
434:
Many protected areas are under private ownership, which tends to limit access. However, in many cases, land trusts work to eventually open up the land in a limited way to the public for recreation in the form of hunting, hiking, camping, wildlife observation, watersports, or other responsible outdoor
299:
When
Congress considered new legislation relating to tax deductibility of easements, the Brandywine Conservancy, led by Bill Sellers, convened land trusts using easements in December 1979. Browne invited the under-secretary of the Treasury for tax policy, who brought IRS staff Stephen Small. The land
527:
When land is acquired, trusts will sometimes retain ownership of the land in perpetuity, or sell the land to a third party. This third party is often the government, which will usually add the land to an existing protected area, or create a new one entirely. Land trusts were instrumental in the 2004
559:
In between selling land or an easement to a land trust is an option called a bargain sale. A bargain sale is where a landowner sells a property interest to an organization for less than the market price. The amount of value between the market price and the actual sale price is considered a donation
426:
Land trusts conserve all different types of land. Some protect only farmland or ranchland, others forests, mountains, prairies, deserts, wildlife habitat, cultural resources such as archaeological sites or battlefields, urban parks, scenic corridors, coastlines, wetlands or waterways; it is up to
310:
Then influences converged: the geographic spread resulting in isolation of newer land trusts; recognition of the difficulty of influencing vital legislation; and the growing engagement of
Kingsbury Browne in land conservation, leading to his desire to learn about land trusts across the country. A
551:
A landowner that donates a conservation easement to a land trust gives up some of the rights associated with the land. For example, the landowner might give up the right to build additional structures, while retaining the right to grow crops. Future owners also will be bound by the conservation
295:
was founded in 1891. In 1976, Ben Emory, new director of the Maine Coast
Heritage Trust, had begun to call on Boston lawyer Kingsbury Browne for advice on federal tax issues related to conservation easements. Emory recruited a handful of other land trusts as clients for Browne’s periodic tax
543:
Land trusts use many different tools in their protection efforts. Land trusts buy or accept donations of land in fee. This means that the landowner will sell fee simple interest to the land trust or will just give the land they own to an organization. Landowners may also sell or donate a
134:
On the testimony of Gehazi the servant of Elisha that the woman was the owner of these lands, the king returns all her property to her. From the fact that the king orders his eunuch to return to the woman all her property and the produce of her land from the time that she left
306:
By 1980, more than 400 local and regional land trusts existed, most still in the North-east, three-fourths with no paid staff, and half with annual budgets under $ 50,000. The majority of land was protected by fee ownership, but the use of conservation easements was growing.
199:. If the trust is filed as a public document, it removes all of the asset protection provided by the formation of the land trust. Robert Pless pioneered the use of the land trust that has been used by many firms throughout the United States since the early 1990s.
67:(CLT) is a private, nonprofit corporation that acquires, manages, and develops land for a variety of purposes, primarily for the production and stewardship of affordable housing, although many CLTs are also engaged in non-residential buildings and uses.
516:
on the property to prevent development, or purchase any mining, logging, drilling, or development rights on the land. Trusts also provide funding to assist like-minded private buyers or government organizations to purchase and protect the land forever.
232:(1972): "The ideas behind the community land trust...have historic roots" in the indigenous Americas, in pre-colonial Africa, and in ancient Chinese economic systems. Thus, "the goal is to 'restore' the land trust concept rather than initiate it."
35:
which own and manage land, and sometimes waters. There are three common types of land trust, distinguished from one another by the ways in which they are legally structured and by the purposes for which they are organized and operated:
489:
by editing this article to remove any non-free copyrighted content and attributing free content correctly, or flagging the content for deletion. Please be sure that the supposed source of the copyright violation is not itself a
388:
by editing this article to remove any non-free copyrighted content and attributing free content correctly, or flagging the content for deletion. Please be sure that the supposed source of the copyright violation is not itself a
274:
Land trusts used primarily for the protection and stewardship of natural areas or for the preservation of productive lands for food or fiber are most commonly called conservation land trusts, but may also be called
410:
The goal of conservation trusts is to preserve sensitive natural areas, farmland, ranchland, water sources, cultural resources or notable landmarks. These include enormous international organizations such as
511:
Many different strategies are used to provide this protection, including outright acquisition of the land by the trust. In other cases, the land will remain in private hands, but the trust will purchase a
427:
each organization to decide what type of land to protect according to its mission. Some areas have extremely limited public access for the protection of sensitive wildlife, or to allow recovery of damaged
180:
figured they would be a good way to hide their ownership in land since they were forbidden to vote on city building projects when they owned land nearby. Because the law of
England, including the
303:
Meanwhile, on the other side of the country, the Trust for Public Land sponsored a small gathering in San
Francisco of established and newly forming Western land trusts in February 1978.
300:
trusts agreed to hire lobbyists and coordinate efforts to influence the legislation, winning expansion of the conservation purposes for which easements would qualify for deductibility.
556:
need not require public access. Each conservation easement is carefully crafted to meet the needs of the landowner while not jeopardizing the conservation values of the land.
314:
The number of land trusts steadily increased in the United States, with most forming in the late twentieth century. There are also land trusts working in Canada (e.g.
126:). In essence and in this case, the king, in place of the later state (trustor and holder of assets at highest position) issues ownership along with past proceeds (
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easement's terms. The land trust is responsible for making sure the easement's terms are followed. This is done through monitoring of the land.
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for the purpose of limiting commercial development and preserving open space, natural areas, waterways, and/or productive farms and forests.
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for over a hundred years and in recent decades have begun to be used in other states. The declaration of a trust is through a
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In the United States; approximately 230,000 square kilometres (89,000 sq mi) (as of 2008) of land are owned by the
87:
873:
279:. They have been in existence since 1891. However, conservation land trusts were not well known before the 1980s.
540:
by 50% in 2003. Land trusts also sell land to private buyers, usually with a strict conservation easement attached.
435:
activities. This is often with the assistance of community groups or government programs. Some land is also used for
338:
and Thames Talbot Land Trust), Mexico, and other countries worldwide, in addition to international land trusts like
630:
are a type of non-profit organisation that holds the freehold title to an area of land on behalf of a community of
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are a type of non-profit organisation that holds the freehold title to an area of land on behalf of a community of
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with 2.9 million acres (12,000 km), while the fastest growing region between 1998 and 2003 was the
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184:, was present in US law, the question arose whether a land trust would be valid. This question went to the
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677:
Ben-Barak, Zafrira. "Meribaal and the System of Land Grants in
Ancient Israel." Biblica (1981): 73-91.
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447:. While important, these goals can be seen as secondary to protection of the land from development.
172:, some people figured out that land trusts would be good for buying property for investors to build
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Possible earliest concept of equity in land held in trust is the depiction of this ancient king (
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874:"DOI Office of the Special Trustee (OST) for American Indians » About OST » History"
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607:), with protected land increasing 147% to 1.5 million acres (6,100 km) in 2003.
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Community land trusts trace their conceptual history to
England’s Garden Cities, India's
416:
343:
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20:
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The
Community Land Trust: A Guide To A New Model For Land Tenure In America
145:
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to the organization. There are other strategies to conserve land as well.
871:
U.S. Department of the
Interior. Office of the Special Trustee. History.
713:. Cambridge, MA: Center for Community Economic Development. p. xiii.
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plant or wildlife are good candidates for receiving protection efforts.
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is a private, non-profit corporation in the US that acquires land or
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letters, and a small communications network of land trusts evolved.
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The
Community Land Trust: A New Model for Land Tenure in America
604:
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224:
687:"Abusive Trust Tax Evasion Schemes - Special Types of Trusts"
823:(2005) The Trust for Public Land and the Land Trust Alliance
222:, and Israel’s cooperative agricultural settlements, the
795:"Public Access Policies and Practices for Land Trusts"
122:) during his absence, supported by witness testimony (
569:
Cost-Effective Strategies for Conserving Private Land
148:
times but their clearest history is from the time of
834:
Doing Deals: A Guide to Buying Land for Conservation
118:) which grants property back to its previous owner (
567:published a report by Dominic P. Parker entitled
949:
235:
752:Conservancy, The Land Trust Movement in America
632:Aboriginal and/or Torres Strait Islander people
228:. As Robert Swann and his co-authors noted in
99:Aboriginal and/or Torres Strait Islander people
900:"Aboriginal and Torres Strait Islander land"
754:(2003) Lebanon, NH: Dartmouth College Press.
723:
721:
144:Land trusts have been around at least since
82:In the United States, the land owned by the
819:Elizabeth Byers and Karin Marchetti Ponte.
269:
836:(1995) Washington, DC: Land Trust Alliance
90:is sometimes referred to as a land trust.
718:
565:Property and Environment Research Center
207:
262:for the benefit of a limited number of
191:Land trusts have been actively used in
56:for the benefit of a limited number of
950:
926:"Aboriginal Lands Trust Act 1966 (SA)"
845:
729:2005 National Land Trust Census Report
621:Native American tribes and individuals
88:Native American tribes and individuals
801:. Pennsylvania Land Trust Association
775:. Pennsylvania Land Trust Association
708:
762:
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254:arrangement whereby one party (the
48:arrangement whereby one party (the
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821:The Conservation Easement Handbook
291:The first conservation land trust
283:are examples of such land trusts.
109:
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932:. Museum of Australian Democracy
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320:Escarpment Biosphere Conservancy
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311:movement was about to be born.
826:
813:
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727:Aldrich, R. & Wyerman, J.
702:
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671:
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538:Hawaii Volcanoes National Park
536:, as well as the expansion of
530:Great Sand Dunes National Park
328:Edmonton & Area Land Trust
258:) agrees to own and to manage
52:) agrees to own and to manage
1:
664:
485:Please review the source and
450:
384:Please review the source and
236:Real estate investment trusts
848:"National Land Trust Census"
574:
480:Knowledge's copyright policy
379:Knowledge's copyright policy
324:Wildlife Preservation Canada
316:Nature Conservancy of Canada
293:The Trustees of Reservations
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248:real estate investment trust
242:Real estate investment trust
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42:real estate investment trust
7:
738:(2006), Land Trust Alliance
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130:) back to the beneficiary:
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16:Conservation organization
617:United States government
522:non-profit organizations
468:This article or section
367:This article or section
281:Conservation communities
270:Conservation land trusts
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84:United States government
19:For the UK charity, see
930:Documenting A Democracy
832:Trust for Public Land.
474:from another location,
437:sustainable agriculture
373:from another location,
349:
336:Georgian Bay Land Trust
72:conservation land trust
33:nonprofit organizations
846:kseese (13 May 2015).
769:"What is a Land Trust"
644:Conservation community
628:Aboriginal land trusts
619:and held in trust for
413:The Nature Conservancy
340:The Nature Conservancy
186:Illinois Supreme Court
137:
95:Aboriginal land trusts
86:and held in trust for
76:conservation easements
799:ConservationTools.org
773:ConservationTools.org
659:Intentional community
546:conservation easement
514:conservation easement
208:Community land trusts
168:In late 19th-century
132:
734:24 July 2013 at the
709:Swann, R.S. (1972).
696:18 June 2012 at the
214:Community land trust
65:community land trust
581:Land Trust Alliance
445:sustainable logging
906:. 26 February 2016
880:on 9 December 2008
548:to a land trust.
277:land conservancies
563:In October 2002,
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197:"deed to trustee"
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487:remedy this
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952:Categories
936:10 January
910:10 January
805:18 October
665:References
654:Green belt
597:California
451:Strategies
429:ecosystems
421:endangered
692:website
589:Northeast
575:Structure
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140:Roman era
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732:Archived
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638:See also
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476:possibly
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375:possibly
342:and the
225:moshavim
193:Illinois
178:aldermen
852:lta.org
690:IRS.gov
593:Pacific
287:History
256:trustee
170:Chicago
154:England
124:trustee
116:trustor
105:History
50:trustee
605:Hawaii
603:, and
601:Nevada
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250:is a
203:Types
146:Roman
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859:2018
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