Starting A Land Trust

Land trusts, or conservancies, protect land by owning it. Although many people are aware of a few large land trusts--The Nature Conservancy and the Trust for Public Land, for instance--there are now close to 1,300 local trusts, with more coming into being each month. American land trusts are diverse, shaped by their missions and adapted to their local environments. Nonetheless, all land trusts are private, non-profit organizations for which the acquisition and protection of land by direct action is the primary or sole mission. Nonconfrontational and apolitical, land trusts work with willing land owners in voluntary transactions. Although land trusts are the fastest-growing and most vital part of the land conservation movement today, this model of saving land by private action has become dominant only in the past two decades. Brewer tells why the advocacy model--in which private groups try to protect land by promoting government purchase or regulation-- in the 1980s was eclipsed by the burgeoning land trust movement. He gives the public a much-needed primer on what land trusts are, what they do, how they are related to one another and to other elements of the conservation and environmental movements, and their importance to conservation in the coming decades. As Brewer points out, unlike other land-saving measures, land trust accomplishments are permanent. At the end of a cooperative process between a landowner and the local land trust, the land is saved in perpetuity. Brewer's book, the first comprehensive treatment of land trusts, combines a historical overview of the movement with more specific information on the different kinds of land trusts that exist and the problems they face. The volume also offers a "how-to" approach for persons and institutions interested in donating, selling, or buying land, discusses four major national land trusts (The Nature Conservancy, Trust for Public Land, American Farmland Trust, and Rails-to-Trails Conservancy); and gives a generous sampling of information about the activities and accomplishments of smaller, local trusts nationwide. Throughout, the book is enriched by historical narrative, analysis of successful land trusts, and information on the how and why of protecting land, as well as Brewer's intimate knowledge of ecological systems, biodiversity, and the interconnectedness of human and non-human life forms. Conservancy is a must-read volume for people interested in land conservation--including land trust members, volunteers and supporters--as well as anyone concerned about land use and the environment.

This compendium brings together seminal and historical texts that inspired and defined the community land trust (CLT). The collection also examines contemporary applications of the CLT to promote home ownership, spur community development, protect public investment, and capture land gains for the common good.

Land that is owned and managed for the common good is a hallmark of community land trusts. CLTs are locally controlled, nonprofit organizations that steward permanently affordable housing (and other assets) for people of modest means. This book explores the global growth of CLTs in twenty-six original essays by authors from a dozen countries.

Illinois-type land trusts have been used for over 100 years to give real estate owners privacy, probate avoidance, lower taxes and over 25 other benefits. This book explains how real estate investors in any state can adapt these trusts to their state. It includes a summary of each state's laws and 36 read-to-use forms. Written by an attorney with 30 years experience in land trusts.

“The Earth says, God has placed me here. The Earth says that God tells me to take care of the Indians on this earth; the Earth says to the Indians that stop on the Earth, feed them right. . . . God says feed the Indians upon the earth.” —Cayuse Chief Young Chief, Walla Walla Council of 1855 America has always been Indian land. Historically and culturally, Native Americans have had a strong appreciation for the land and what it offers. After continually struggling to hold on to their land and losing millions of acres, Native Americans still have a strong and ongoing relationship to their homelands. The land holds spiritual value and offers a way of life through fishing, farming, and hunting. It remains essential—not only for subsistence but also for cultural continuity—that Native Americans regain rights to land they were promised. Beth Rose Middleton examines new and innovative ideas concerning Native land conservancies, providing advice on land trusts, collaborations, and conservation groups. Increasingly, tribes are working to protect their access to culturally important lands by collaborating with Native and non- Native conservation movements. By using private conservation partnerships to reacquire lost land, tribes can ensure the health and sustainability of vital natural resources. In particular, tribal governments are using conservation easements and land trusts to reclaim rights to lost acreage. Through the use of these and other private conservation tools, tribes are able to protect or in some cases buy back the land that was never sold but rather was taken from them. Trust in the Land sets into motion a new wave of ideas concerning land conservation. This informative book will appeal to Native and non-Native individuals and organizations interested in protecting the land as well as environmentalists and government agencies.

The land trust is seen as a way For example, a landowner might have a bun- to both balance the legitimate rights of the indi- dle of rights to a section of land. [...] The common, and private forms of property, and trust owns the land and the lessee or the user concludes that the land trust does not fit neat- owns the improvement. [...] The land use agreement. 5 easement transfers with the title of the property In Canada, the greatest number of land trusts and may impact the market value of the property. [...] There is a growing interest A "positive easement" gives the holder of the in housing trusts (CLTs), which are much more easement the right to enter on the land for a par- common in the U. S. Agricultural land trusts are ticular reason. [...] The development of agricultural land for free, where the restrictive nature of the ease- trusts is a relatively new phenomenon, and most ment is consistent with the landowner's long term of them are designed to address the issue of farm- desire for how the land is to be used.