Mohonk Preserve Inc.

“Objectives and guidelines for violation response and enforcement a) maintain the conservation purpose(s) of the conservation easement. B) maintain public confidence in mohonk preserves ability to enforce easement restrictions generally, and in part as a deterrent to other potential violators. C) protect mohonk preserves legal rights and economic investment (if any) in the conservation easement. D) maintain the most constructive working relationship possible with the landowner. E) no one person should make decisions on whether a violation has occurred or on our response. Staff should never give a landowner an on-the-spot opinion that a violation does, or does not exist. F) once staff has determined, after a careful review, that a violation has occurred, the steps outlined below shall be followed. G) maintain professionalism and integrity. H) use litigation as a last resort and only when there is a meritorious legal basis for judicial action. I) maintain consistent responses to similar conservation easement violations. Violation prevention strategies a) maintain good landowner relations. B) staff shall conduct annual monitoring and create a written monitoring report. C) make every effort to keep informed of when properties change hands. D) promptly contact new owners (and work with real estate agents) to ensure that they understand mohonk preserves mission, the conservation easement for their property, and the concept and purpose of conservation easements in general. E) work to ensure in the drafting of conservation easements, that drafting standards carefully minimize vagueness that could lead to an enforcement question. F) encourage easement landowners annually to ask for a review of a proposed action whether or not it is contemplated under the terms of an easement in order to avoid a potential violation. Steps to take in the event of a possible violation possible easement violations may be discovered in the course of annual monitoring inspections, or as reported by neighbors, new property owners, or other third parties. Steps to be followed by the mohonk preserve staff in the case of a potential violation are as follows: review the easement terms. Review the easement document, baseline inventory, and monitoring reports to determine if an easement violation has occurred, its exact nature, and when it took place. Consult legal counsel for interpretation if necessary. Document the violation. Visit the site to inspect and carefully document the violation. The violation must be described in detail, including location and extent. Photos keyed to a photomap should be taken, signed and dated by the photographer. Quantitative measurements of the violation should be noted as appropriate, e.g. Area of impact, number of trees damaged. Field notes should be signed and dated by the person conducting the inspection. If the landowner does not grant the mohonk preserve staff permission to enter the property, consult with legal counsel on how to proceed. The director of land protection should circulate a memo to inform the director of land stewardship and the executive director of the status of the violation. Contact the landowner. Meet with the landowner in person if possible to discuss the violation. Listen to the landowners explanation, ask questions, take notes, and ask them to voluntarily correct the violation, or at least to cease any further work until the matter can be reviewed by mohonk preserves board. Document all meetings and write a follow-up letter (send certified return receipt requested) to the landowner confirming any agreements made on site about the restoration of the property and compliance dates. If the landowner agrees to restore and/or remediate the property: if the landowner agrees to restore and/or remediate the property, staff should send a follow up letter as soon as possible reflecting the nature and extent of the restoration work and the agreed-upon timetable for completion. The site should be revisited on the dead”

“The organization does not receive revenue from conservation easements, expenses for conservation easements are part of program expenses reported in the organization's revenue and expense statement. Any costs of acquiring a conservation easement are included on the balance sheet as an asset.”