As the Open Space Alliance continues its busy and successful fundraising campaign throughout our community, a number of questions have arisen about the eventual ownership and allowed usage of the Fourth Street and Ard na Greine preserves. I put together this outline, in a question-and-answer format, to address these concerns. We are delighted by the engagement and support for these properties on display in Lewes and beyond.
What is a conservation easement?
A conservation easement is a voluntary, legally binding agreement that allows a landowner (individual, organization, nonprofit, etc.) to limit the type or amount of development on their property. IRS regulations require that the property have significant conservation values. This includes forests, wetlands, endangered species habitat, beaches, scenic areas and more.
Easements are signed by both the landowner and a qualified conservation organization such as the Sussex County Land Trust. For the Fourth Street Preserve, the City of Lewes will be the owner. SCLT will hold an easement that will ensure its permanent protection as open space. In the case of the Ard na Greine Preserve, SCLT will be the fee-simple owner. SCLT may partner with other environmental organizations that could hold easements on portions of Ard na Greine in exchange for being a financial partner in its acquisition.
Organizations like SCLT accept, or purchase, an easement with the understanding they have the responsibility to enforce the terms of the easement in perpetuity. After the easement is signed, it is recorded with the county recorder of deeds and applies to all future owners of the land. By creating a conservation easement, landowners can assure the property will be protected forever regardless of any future sale to another owner. In the case of the Fourth Street Preserve, no actions by any future mayor and city council can alter the provisions put in place once an easement is signed and recorded.
What activities are allowed on land protected by an easement?
Every easement is unique and tailored to a particular landowner’s goals. In the case of the Fourth Street Preserve, specific restrictions will be enforced (for example, no built structures) and no paved paths will be allowed. As with all easements, protection of environmental assets for which the property is purchased (forests, wetlands etc.) will be the primary focus. Passive recreation activities that are compatible with the long-term management of these resources will be considered as part of master plans.
Does the public have a right of access to easement-protected property?
The public only has access to property protected by an easement if and how the original landowner who grants the easement specifically allows it. For both the Fourth Street and Ard na Greine preserves, public access will be guided by designs developed in the master planning effort.
How long does an easement last and who upholds it in the future?
The easement is perpetual, meaning it must last forever and runs with title of the property. SCLT staff monitors the property, at least once each year, to assure the easement, including property boundaries, is not being violated. If the easement has been breached, SCLT will take whatever steps are necessary to uphold the terms of the easement, including taking legal action.
Who owns the conservation easement?
Easements can only be held per federal regulations by a qualifying conservation or historic preservation organization. SCLT qualifies as a federally recognized nonprofit organization.
Who owns and manages easement-protected land?
The landowner retains full rights to control and manage their property within the limits of the easement. The landowner continues to bear all costs and liabilities related to ownership and maintenance of the property. For the Fourth Street Preserve, SCLT will monitor the property to ensure compliance with the easement’s terms, but it has no other management responsibilities and exercises no direct control over other activities on the land, unless agreed to by both parties under a separate arrangement.
-
A letter to the editor expresses a reader's opinion and, as such, is not reflective of the editorial opinions of this newspaper.
To submit a letter to the editor for publishing, send an email to viewpoints@capegazette.com. All letters are considered at the discretion of the newsroom and published as space allows. Due to the large volume of submissions, we cannot acknowledge receipt of each submission. Letters must include a phone number and address for verification. Keep letters to 400 words or fewer. We reserve the right to edit for content or length. Letters should be responsive to issues addressed in the Cape Gazette rather than content from other publications or media. Letters should focus on local issues, not national topics or personalities. Only one letter per author will be published every 30 days regarding a particular topic. Authors may submit a second letter within that time period if it pertains to a different issue. Letters may not be critical of personalities or specific businesses. Criticism of public figures is permissible. Endorsement letters for political candidates are no longer accepted. Letters must be the author’s original work, and may not be generated by artificial intelligence tools. Templates, form letters and letters containing language similar to other submissions will not be published.
