Edisto Island Open Land Trust Inc.

“Easement violation policy purpose of policy when eiolt accepts a conservation easement, it also accepts the responsibility for enforcing the terms of that easement. Prompt response to violations, including potential violations is necessary to: omaintain public confidence and credibility in our easement stewardship program. Addressing violations promptly demonstrates to the owner and the public that eiolt stands by its easement obligations. Omaintain eiolt's legal authority to enforce its easements. Delay or failure of a land trust to enforce violations can be construed as a waiver of its enforcement rights by a court of law. Omaintain eiolt's ability to accept tax deductible easement gifts (see treas. Reg. 1.170a- 14 ( c) (1)) and to maintain our irs 501 ( c) (3) tax- exempt status. Identifying violations violations may be discovered by staff or board members during annual baseline monitoring or random observation, third party informants (e.g. Neighbors or other interested parties), easement donors, or mortgage holders. Responding to violations in general, it is the responsibility of the executive director to promptly respond to a violation. The first response includes contacting the landowner to discuss the situation and documenting the violation, as per the following procedures for enforcement. Evaluating violations consider the following when evaluating a violation: oseverity of damage. Oa minor violation: is it a minor damage to conservation values protected by the easement (e.g. Damage to a grand tree)? Or oa major violation: is it a major damage (e.g. Prohibited construction, evacuation, pollution, timbering, etc.)? Ostage of violation. Is it just a threat of violation, is it ongoing, or is it after the fact and/or irreversible? Oresponsible party. Is the landowner the responsible party, or is it an adjoining landowner or other third party? Othird party violations. If violation was committed by someone other than the landowner, what is the relationship of the landowner to that third party? Did the landowner do or fail to do anything that could be construed as a grant of permission to that third party? Olandowner relations. Who should handle negotiations with the landowner? Should the executive director handle it (as in the case of a minor violation)? Or is it best handled by both the executive director and a board member from the land protection committee (as in the case of a major violation)? Is a major violation serious enough to warrant including eiolt counsel in the negotiations? (in any type of violation, conference with eiolt counsel should occur prior to beginning negotiations.) procedures for enforcement after identifying or being notified of a potential violation, the executive director or designated staff shall immediately review the specific terms of the conservation easement, and then classify the type of violation: oa minor violation: minor damage to conservation values protected by the easement (e.g. Damage to a grand tree) or oa major violation: major damage to conservation values protected by the easement (e.g. Prohibited construction, evacuation, pollution, timbering, etc.)? Procedures for minor violation if the violation is minor, the executive director shall have the violation documented and shall call the landowner to discuss the situation, and shall follow up all conversations with written correspondence recapping the discussion and corrective measures required (if any). If the landowner does not voluntarily comply with the easement terms after a reasonable amount of time or within the time limit as per the easement or repeatedly commits violation(s), the violation(s) may be considered a major violation. A minor violation will become a major violation if two or more incidences of that minor violation occur in any consecutive twelve (12) month period. Procedures for major violation 1.if the violation is determined to be a major violation of the easement terms, the executive director shall notify the l”

“A conservation easement is an agreement between a landowner and the organization in which the landowner relinquishes some or all of the rights to develop the property. The easement is publicly recorded and is binding on all future owners of the property. The organization's principal responsibility is to ensure compliance with the terms of the easement. Conservation easements received by the organization are recorded at a zero value. Each conservation easement received by the organization provides that it cannot be transferred or assigned to any person or entity except to an organization that is qualified under the internal revenue code to receive easements and that has the commitment, ability, and resources to meet its responsibilities and obligations under the easement and to take the necessary steps to protect the historic and conservation values of the property. Accordingly, there is no market for any of the conservation easements received by the organization.”

“Direct costs events 9,742”

“Direct costs events 9,742”