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Programs are designed to conserve natural resources by utilizing a variety of tools including property tax assessment and forest easement programs. They assist landowners with species identification and management of existing community forests with the main goal of creating healthy functional ecosystems within residential communities.
When conservation easements are used, the land remains privately owned. Other tools include full-fee purchase, voluntary deed restrictions, covenants, and agreements. The program is based on a "willing seller and willing buyer" concept. State and local partners select priority tracts in cooperation with the Forest Service.
Conservation easement boundary sign. In the United States, a conservation easement (also called conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified land conservation organization called a "land trust", or a governmental (municipal, county, state or federal) entity to constrain, as to a specified land area, the exercise of rights ...
The easement contains pipes that supply water to 360,000 residents. The problem is that those pipes are now nearly 100 years old, so a rupture could happen at any time, resulting in untold damages.
A development easement is a legal agreement by which a landowner surrenders the right to develop a designated parcel of property. Some local and state governments have programs to acquire development easements from private landowners to prevent conversion of farmland to other uses.
The state could choose to divest itself of title to the streambed, but the waters and use of the waters remains subject to the Commerce Clause of the United States Constitution which holds an easement or servitude, benefiting the federal government for the purpose of regulating commerce on navigable bodies of water. [7]
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