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Conservation Easements and the Urge to
Rule

by Tom DeWeese,
2013 Auguat
14

Conservation
easements:
The Green Mafia tells us this is the only way to save
the family farm. Without its tax credits and restrictions on development
rights, America will be paved over and Astroturf will replace
sod.

We�re in crisis, they tell us. However, as H.L Mencken once
warned, �A plan to save humanity is almost always a false front for the
urge to rule.�

Conservation and environmental groups openly
advocate the conservation easements as the answer to saving farm land, as
do state departments of agriculture, farm bureaus, and the federal
government. A full court press is on to lock in millions of acres of
private property under the blazing headline �Save the Family
Farm.�

There�s no question that the family farm is under assault.
Taxes, international trade agreements, inflation, and government
regulations are eating away at the ability to keep the farm operating.
I�ve never met a farmer who wanted to give up and stop working the land
that perhaps his ancestors first acquired. In most cases it�s agony for a
farmer to decide to sell his property. On the other hand, the land is his
main asset. To provide a good life for the family, selling the land, many
times to developers is necessary for survival.

However, there is
now a much more lethal threat facing small farmers, and the outrageous
fact is, this threat is being disguised as a way to help them. The real
threat is the green solution - �conservation easements.� And farmers are
falling into its trap across the country.

Conservation easements
are promoted by land trusts and environmental groups. Tax breaks are
promoted. Even cash is offered those farmers willing to sell their
development rights, under the argument that this will drive away the
temptation to sell the land to nasty developers, thus keeping it farm land
The clever slogan, �farm land lost is farm land lost forever� helps sell
the case for easements.

The promoters of such ideas are very good
with the sales pitch. If it were politically correct to do so, one could
actually hear �God Bless America� playing in the background as the
promises to save the family farm roll off the pitchman�s
tongue.

Say proponents, �A conservation easement is a voluntary
perpetual agreement that restricts non- agricultural uses such as mining
and large scale residential and commercial development.� They boldly
promote the easements by promising that �the landowner continues to own,
live on and use the land.� They even promise that the land can be passed
down to heirs, along with generous tax credits. What�s not to like?
Desperate farmers are flocking to the pitchman�s wagon to buy his
life-saving potion.

Of course, as another famous pitchman, P.T
Barnum, once said, �there�s a sucker born every minute.� Farmers beware
the slick talker who has the answers to your woes. His answers may well be
your demise � and your farm�s. It�s wise to read the fine print of a
conservation easement agreement. Here are some facts.

The facts
about conservation easements:
In a typical conservation easement,
a private Land Trust organization purchases some or all of the �bundle� of
a property owners rights. The bundle includes development rights for the
property; the ability to overrule the owner�s choice of how to use the
property,including adding more buildings or renovating or rebuilding
existing buildings; in the case of farmers, it may include decisions on
which fields to use for planting , or even which crops to grow and the
technique to be used. All of these things come under the command of the
easement. And all of it may become the decision of the Land Trust, because
once the conservation easement agreement is signed the owner�s rights are
legally subservient to his new partner, the Trust.

True, in
exchange, the property owner receives charitable deductions on federal
taxes based on the difference between the values of the land before and
after granting the easement. The property owner receives relief from
federal estate or inheritance taxes. Many states provide income tax
credits and property tax relief. And the owner receives a payment for his
development rights.

In the beginning it all sounds good. Money in
the pocket; the farm safe from development; and the ability to practice
the beloved tradition of farming. Well, maybe.
The fact is, under the
easement, the owner has sold his property rights and therefore no longer
has controlling interest in his property. Through the restrictions
outlined in the easement, property usage is now strictly controlled,
including everyday decisions on running the farm. In many cases, the
Conservation group that controls the easement demands strict adherence to
�sustainable� farming practices.� That means strict controls on how much
energy or water can be used in the farming process, access to streams for
the livestock, use of fertilizer, etc, are all under the direction of the
Land Trust. And there�s more. Certain details weren�t revealed to the land
owner as he signed on the dotted line. For example:

� Trusts often
re-sell the easement to other conservation groups. They sell and resell
them like commodities. The farmer may not know who holds the control over
his land. For these groups, the easements become a significant profit
center as they rake in fees for each new easement they sign up.

�
Worse, the conservation group may work directly with government agencies,
helping to establish new regulations which alter best management
practices, driving up compliance costs. Eventually these cost increases
can force owners to sell their land at a reduced price.

� This is
especially effective when trying to dislodge a land owner who has refused
to sell his land to the government or sign a conservation easement. The
Nature Conservancy is a master at this trick, creating millions of dollars
of income for the group. Its favorite practice is to tell the land owner
that the government intends to take the land, but if they sell to the
Conservancy then it will guarantee that the land will stay in private
hands. But of course, since the government intends to take the land it is
now worth much less. So they get the landowner to sell at a reduced rate.
Then the Conservancy calls the government agency to tell them the good
news that they have the land. And the agency pays the Conservancy full
market value. They call that �Capitalism with a heart!!�

� Because
ownership rights are muddled between taxes, restrictions and best
practices requirements, it can be difficult to find a buyer willing to pay
a fair market price for the land. In a sense, once the easement is signed,
the owner has just rendered his land worthless on the open
market.

� Conservation Easement deeds use broad language that
expands the trust�s control but very specific language that limits the
landowner�s rights.

Worse, the conservation group may work directly
with government agencies, helping to establish new regulations which alter
best management practices, driving up compliance costs. Eventually these
cost increases can force owners to sell their land at a reduced
price.

This is especially effective when trying to dislodge a land
owner who has refused to sell his land to the government or sign a
conservation easement. The Nature Conservancy is a master at this trick,
creating millions of dollars of income for the group. Its favorite
practice is to tell the land owner that the government intends to take the
land, but if they sell to the Conservancy then it will guarantee that the
land will stay in private hands. But of course, since the government
intends to take the land it is now worth much less. So they get the
landowner to sell at a reduced rate. Then the Conservancy calls the
government agency to tell them the good news that they have the land. And
the agency pays the Conservancy full market value. They call that
�Capitalism with a heart!!�

Because ownership rights are muddled
between taxes, restrictions and best practices requirements, it can be
difficult to find a buyer willing to pay a fair market price for the land.
In a sense, once the easement is signed, the owner has just rendered his
land worthless on the open market.

Conservation Easement deeds use
broad language that expands the trust�s control but very specific language
that limits the landowner�s rights.

When productive land is taken
off the tax rolls, a revenue shortage is created that has to be made up by
other tax payers, causing rate hikes in property taxes and other tricks
the government can come up with.

Some are more equal than
others.
All of the combined dangers from conservation easements,
and all of the combined powerful forces of land trusts and governments
seemed to land on the head of one innocent, lovely lady named Martha
Boneta. Her story made national headlines last year and led to a colossal
battle in the Virginia state legislature � a battle that continues to rage
today without resolution.
In Fauquier County, Virginia, where Martha
(and I) reside, the chief �conservation� group is a behemoth called the
Piedmont Environmental Council (PEC). They have managed to work there way
into every nook and cranny of the county, specifically in the county
government. PEC people have bored deeply into the county development
office and other country agencies; they converge on farmers to pressure
the establishment of conservation easement, and they make a ton of money
from them. It�s good to be king.

In fact, PEC holds sway over nine
Virginia counties and they brag that they have succeeded in �helping
citizens protect nearly 350,000 acres� of land with �voluntary
conservation easements.� PEC calls it one of the most dramatic private
land conservation successes in the nation. It is interesting to note that
those nine counties, in particular Fauquier County, are the main center of
the famous Virginia horse country where, throughout Virginia history, the
rich landed gentry have had the pleasure of riding their horses across
vast open land in organized fox hunts. These horsy people are rich and
powerful with vast estates in the country side. Many have contributed to
the PEC land conservation effort as a way to keep open space available for
their fox hunting pursuits.

It is also interesting to note the
comments and attitudes often expressed by these people concerning new
comers to the county. Say the horsy gentry, there must be a way to curtail
new people from coming into the county and buying or developing property.
That�s because, they charge, these newcomers have no understanding or
respect for the age old tradition of riding their horses over the land
that now gets fenced in or blocked by these unwanted intruders. How dare
they do that to their own land! The answer to their desire to stop it �
the PEC.

At a January, 2013 meeting of the Fauquier County planning
commission, it was revealed that 96,600 acres of county land is in
conservation easements (or 23% of the total land mass of the county). A
little research revealed an interesting detail. It seems that, as the
conservation easements are sold to the public as a way to save the small
family farm, in reality, of the 23% of the land, only 2% of it is actually
small family farms. The rest is basically the vast estates of the landed
gentry who have found a way to not only keep the land open for their fox
hunts � but to also reduce their property taxes.

Last year, when I
presented these statistics in a talk in Richmond, Virginia, a member of
the Piedmont Environmental Council commented that he �never thought he
would hear a Conservative advocate class warfare.� Actually, I was trying
to prevent it.

Martha�s plight:
Into this atmosphere,
enter Martha Boneta. If one were to write down all of the requirements as
expressed by the Greens for their idea of the perfect small farmer, Martha
Boneta would be their poster child. Martha just wanted to farm. She loves
it. And she is very creative about it. It was her dream come-true when she
found the small farm in Paris, Virginia. It had been on the market for at
least six years. And so she was able to purchase it at a very reduced
price from the Piedmont Environmental Council.

Everything was
looking great for a lady anxious to get her hands in the dirt. She is into
organic farming � just like the PEC advocates in their publications, web
site and bumper stickers � �Buy Fresh, Buy Local.� Martha made the farm a
haven for rescued animals. She restored the heavily deteriorated barn and
turned it into a small farm store to sell her products � items produced
right there on the farm.

Oh yes, there was just one small detail
brought up at the very last minute during the closing meeting for her
mortgage loan as she was purchasing the property. The Piedmont
Environmental Council slipped in a conservation easement on the property.
This specific easement did not pay any cash to Martha nor did it provide
any tax credits. All the benefits went to PEC. Martha signed the document
because she had been told conservation easements were a way to protect the
farm from being developed.

But there is one major aspect of
Martha�s value system that doesn�t fit the PEC profile for the perfect
small farmer. She believes in private property rights. And that�s when the
trouble started. Space does not allow a full description of the battles
Martha has faced over her attempts to farm her land. Here is the �Cliff
notes� version:

Martha does not live on the farm, she owns a home
in another location. The conservation easement she signed said she could
have a small 1600 square foot residence on the property. She never used
the facility as a residence.

The Fauquier County planning board
suddenly issued notice that Martha would be fined for selling items that
were not produced on her farm, something she never actually did, and that
she needed another permit in order to use the facility for
events.

She was immediately threatened with fines of $5000 for each
violation brought by the County. The evidence used against her by the
county was a photo of a children�s birthday party that Martha had posted
on her face book page, allegedly proving that she had rented out the barn
for a party. in fact, it was a private party for friends. No money
exchanged hands for the facility. But the battle was on.

Martha
began to learn what a powerful weapon conservation easements can be in the
hands of those who wanted to control her actions. The easement gave the
PEC the right to occasionally inspect the property for �violations� of the
easement. Suddenly Martha was informed that PEC inspectors would visit the
farm to investigate the �living quarters.� Rather than a random occasional
or annual visit, PEC came back again and again; demanding to look into her
private closets; even banning her right to video tape the inspections on
her own property.

The PEC found fault with a simple water nozzle
Martha had purchased to use in washing her animals. Somehow that was a
violation. There is an old cemetery on the property dating back to 1832.
In it are buried the families of former residents of the area and black
slaves. To keep the farm animals from walking though the cemetery, Martha
installed a simple fence. �Violation,� said PEC, �It damages the view
shed.� On and on went the harassment over such idiotic claims. Along with
it came thousands of dollars of legal expenses as Martha fought to defend
herself.

Eventually, as a result of non-stop pressure and the
threat of fines from the County, plus the pressure from PEC, Martha was
forced to close her farm store, seriously damaging a major part of her
ability to earn income from the farm.

What was her real crime? She
had challenged county planning restrictions. And in doing so, she had
become a threat to their authority and that of the PEC, which is the
driving force behind county controls over private
property.

Non-Governmental Control = Government
Corruption:
Every American, especially farmers, should learn this
lesson from Martha�s story: conservation easements, comprehensive
planning, and controls over private property, while always sold as a way
to help, are actually a Trojan Horse of corruption.

If there is a
poster child in this story it is the government of Fauquier County.
Corruption begins with the absolute influence and power unleashed by a
non-governmental organization like the Piedmont Environmental Council. It
is aided by an elite few who seek to use government power for their own
personal gains. And it is enforced by a compliant county Board of
Supervisors that will use that power as a weapon to crush anyone who dares
stand up against them.

Beware America! Unfortunately, Martha�s
story is not unique. Every community has its own version of the Piedmont
Environmental Council calling the shots behind the scenes. Their very
agenda of power, and the corruption it brings, is now showing itself in
every local and state government - all under the over-used and
unsubstantiated excuses of environmental protection and �local
planning.�

________________________________________
View this
article on our web site:
http://americanpolicy.org/2013/07/29/conservation-easements-and-the-urge-to-rule/

Tom
DeWeese is one of the nation�s leading advocates of individual liberty,
free enterprise, private property rights, personal privacy, back-to-basics
education and American sovereignty and independence. Go to
americanpolicy.org for more information.

Tom DeWeese's new book is
now on Amazon! Click here
for more informtion.

===============================

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