Delaware Highlands Conservancy

“The taxpayer has formal, written policies in force that govern the monitoring, inspection, and enforcement of its conservation easements, plus the handling of violations. The purpose of these policies is to uphold and secure the public benefits and conservation values described in each conservation easement. Specifically, staff personnel monitor and inspect each easement property annually. Also, the conservancy contacts new landowners to ensure that they understand the concept and purpose of the conservation easement for their property. The conservation follows best practices in easement drafting, and staff report annually to the conservancy's land protection committee the status and results of easement monitoring and inspection for all conservation easements. Violations of easements are handled using the following strategy objectives: maintain or restore the conservation purpose of the easement and public benefit by taking actions to end the violations and, if necessary, restore the property to its previous condition. Maintain public confidence in the conservancy's ability to enforce easement restrictions. Protect the conservancy's legal rights and economic investment, if any, in the easement. Maintain a constructive, working relationship with the landowner. Ensure that no one person makes decisions on whether a violation has occurred or the conservancy's response. Respond consistently to similar conservation easement violations. Use litigation as a last resort, and only when there is a meritorious legal basis for judicial action.”

“Easements are not recorded as assets in the financial statements. They typically have no discernable cost basis to the conservancy, nor do they lend themselves to useful life or depreciable life computations. In certain instances, the conservancy receives grant funds to procure an easement. The conservancy then makes a grant payment to the land owner in order to procure the holding of the easement. In these situations, the conservancy records the grant funds received as revenue, and the resulting funds paid out as conservation easements expense or grants expense.”