Catawba Lands Conservancy

“Ramah Creek Sewer Interceptor Project (Part 2) by the City of Charlotte, North CarolinaThe City completed its Ramah Creek sewer project in 2017, but realized that to avoid destroying a copse of mature hardwood trees within the permanent right of way in order to access the Sewer Line for maintenance purposes, it would need to convert an adjoining .061-acre triangular-shaped portion of the Zimmermann property lying within the temporary construction easement to a permanent sewer access easement. Accordingly, in June of 2018 the City issued notice to the Zimmermanns and CLC of intent to condemn a permanent easement across the .061-acre portion of the Zimmermann property unless the parties could reach a settlement in lieu of condemnation. Because of the de minimis nature of the permanent easement sought by the City (worth approximately $400 based on the figures in the appraisals done in connection with the Sewer Line project) and the significant intangible benefit to the propertys conservation values sought to be preserved by the Zimmermann conservation easement, in 2018 the Zimmermanns and the Conservancy agreed to essentially replace what was the temporary construction easement with a permanent access easement in order to protect the copse of trees. Accordingly, in August, 2018, CLC and the Zimmermanns entered into a grant of permanent access easement with the City in which the copse of trees was protected so long as the City has access to the Sewer Line via the access easement.Southfork Rd. Bridge Widening Project by NCDOT Lincoln County, N.C.CLC holds a conservation easement dated October 31, 2000 and recorded in Book 1204, page 728 in the Lincoln County Public Registry (the Legacy CE) on an approximately 220-acre tract (of which 30 acres are under water) owned by Legacy Shares, LLC (the Legacy Property). In 2018, NCDOT threatened to condemn a portion of the Legacy Property in connection with a proposed bridge replacement project (bridge #57) on the South Fork River at the rivers intersection with South Fork River Road. DOT proposed to award CLC and Legacy Shares jointly an aggregate sum of $15,900, which was based on a recent comparable sale transaction involving the sale of a nearby parcel for $15,775/acre. In this case, the area being taken was .923 acre of permanent right of way; .017acre of permanent drainage easement (a total of .94 acre of permanent taking); and .225 acre of a temporary construction easement that expired upon completion of the project. The conservancy reached a settlement with NCDOT motivated in part by the Conservancys belief that it negotiated a better deal for the Conservancy than it would have achieved by totally opposing the project and forcing DOT to institute condemnation proceedings. For one thing, the amount received was very favorable to the Conservancy. NCDOT, using a recent nearby land sale as a comparable, arrived at a figure of the propertys value equal to $15,775 per acre. In reviewing the NCDOTs calculations, the Conservancy discovered an error in its and the landowners favor of almost twice the amount that would be indicated by the comparable sale. However, when we brought this error to DOTs attention, they agreed to keep to their settlement offer since they were appreciative of the Conservancys willingness to settle the action which avoids the time and expense of going through a condemnation proceeding. Based on the aforementioned land value, DOT had proposed a settlement of $15,900 to be shared between Legacy Shares, LLC and the Conservancy in such a way as was mutually agreeable to them. Legacy Shares agreed to our proposed split of 43% to the Conservancy and 57% to Legacy Shares (based on the provisions of section 10 of the Legacy CE). Second, NCDOT was extremely cooperative and responsive to our suggestions for minimizing the impact of the project on the Legacy Propertys conservation values and for preserving and improving the operation of the Carolina Thread Trail segment that runs”

“The land stewardship staff inspects each property encumbered by a conservationeasement or similar instrument to ensure compliance with the provisions in the easement document. Staff assesses current conditions and compares findings to thosedocumented by the Baseline Documentation Report. Staff evaluates the status ofreserved rights which may have been exercised since the last site visit. Staff assesses impacts to the conservation values associated with changes in land use onthe easement property and adjacent properties, notes potential trespass issues andsafety hazards, and makes observations on the condition of the boundary. The staff makes additions to the species list (flora and fauna), documentsnew findings and communicates with the appropriate government entity. Specialattention is given to the evaluation of plant or animal species that may be state orfederally listed (endangered, threatened, species of concern, etc.). Staff evaluatesconditions in Natural Heritage Areas and inspects significant historical and/orcultural features conserved by the conservation easement. Post monitoring, anarchival quality report is generated by the staff and includes written observationsand photographs as appropriate. Copies of the report are stored on and off site perConservancy policy.”

“Conservation easements received as a gift are recorded at the estimated difference in the market value of the associated property before and after the imposition of the easement. At that time, the Conservancy also records a like amount as an expensesince conservation easements have no future economic benefit to the Conservancy.Donated conservation easements amounted to $2,078,000 and $2,462,450 for the yearsended December 31, 2018 and 2017, respectively.”