Florida’s Conservation Easement Legal Framework – Proprietary and Regulatory Conservation Easements

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This CLE will explain how Florida’s Conservation Easement (“CE”) Legal Framework can be divided into two categories (1) Proprietary CE’s which are purchased by conservation organizations and government entities or donated by private property owners to conservation organizations or government entities for the purpose of preserving natural resources in perpetuity and (2) Regulatory CE’s which are conveyed to regulatory agencies through the Environmental Resource Permitting (ERP) process by private property owners for the purpose of off-setting development impacts to natural resources. Part I of the CLE will provide a basic overview of typical proprietary CE’s that are acquired by non-profit land trust organizations and local governments as well as discuss the legal structure of conservation easement deeds, valuation, planning & management considerations, and tax benefits to grantors of conservation easements. Part I will also briefly highlight the Alachua County Forever conservation land acquisition program. Part II of the CLE will provide an in-depth overview of regulatory conservation easements that private property owners convey as a condition of an Environmental Resource Permit to satisfy statutory requirements to offset development impacts resulting from a development project.

Florida’s Conservation Easement Legal Framework – Proprietary and Regulatory Conservation Easements
Charlie Houder, Gainesville
Tom Kay, Gainesville
Susan Roeder Martin, Boca Raton