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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

Hi Peter.

  In addition to State and Federal Governments, there may also be Land Trusts.  I have some property in the mountains, there is a 65 acre conservation easement adjoining on our north side.  That parcel is owned by Nature Conservancy.  They have a very lengthy Deed Restriction that limits/controls any development, access or use to that property.  To our east is another large acreage parcel owned by Naturaland Trust.  Same story, they don't want any development or infrastructure of any kind.


   A different kind of easement is the cross-country powerline about 10 miles to the south.  That goes over people's land; it is owned by Duke Energy in conjunction with the States of South and North Carolina.


  As always, see a real estate attorney before buying, selling, or brokering a property that is affected by an easement.

Sep 08, 2023 06:39 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Most likely they are different in different states and counties.

West VA and VA have different ways of handling conservation easements.

Sep 08, 2023 05:32 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

They are both state and federal, Peter Mohylsky, Beach Expert 

Be mindful of all the "land grabs" taking place in our country! 

What states today could be stolen tomorrow.

Sep 08, 2023 07:05 AM
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

They can be either State or Federal Peter Mohylsky, Beach Expert . My only experience has come from high voltage power lines and Game and Fish easements.

Sep 08, 2023 06:06 AM
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Provisions in AZ Statute for conservation easements

Since only 18% of AZ property is privately owned and we have several large national parks, I believe both state and federal government control various conservation easements in AZ.

Sep 08, 2023 05:41 AM
Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

State by state rules and Federal can also overlay. West coast we have The Coastal Commission which rules with a whip. You have Florida Oceans and Coastal Counsel. Also strict regulations about water, water runoff, septic, easements for riparian rules and rights. Conservation easements allow past permitted residential use without changes to scenic, wildlife, and open space. They can be between landowner and land trust or person or government or a private company.  Florida has FNIA Florida Natural Areas Inventory which posts a database of 1900 + parcel areas here: this does not cover all.  I'm an active member of Pearl River Keepers a non profit working to keep this Mississippi River beautiful and healthy - Florida has MANY organizations like this.  here's a list of some of the 501 c's in Florida that deal with all types of land conservation   

It's not just the Sierra Group that does this there are a thousand entities. 

Sep 08, 2023 09:53 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Yes, they are all different, written to achieve different results.  The one thing they have in common is the objective of limiting landowner rights.

I am not in favor of them, however they are better than outright "Taking" which is what most govt agencies tend to do.

Sep 08, 2023 09:00 AM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Sorry Peter can not help you.


Sep 08, 2023 08:03 AM
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Oregon is 53% owned by the federal government. We deal with wildlife easements, BLM and national forests. There are some state restrictions as well.

Sep 08, 2023 09:09 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC

I would say they are different in different states - and even in different municipalities. I've dealt with conservation easements on the lake as well as in-town (a Blue Heron rookery was adjacent to a property that I sold and state guidelines had to be Disclosed).

Sep 08, 2023 08:21 AM
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
Carolina Life RealEstate & Relocation 919-602-8489

Looks like you have some great answers here. 

Sep 08, 2023 07:42 AM
Doug Dawes
Keller Williams Evolution - 447 Boston Street Topsfield, MA - Georgetown, MA
Your Personal Realtor®

In Massachusetts, the individual communities are allowed to establish stricter environmental bylaws than the State has implemented

Sep 09, 2023 04:34 PM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Both in my experience and don't think it has changed since I retired. anytime you have a property affected by and easement, consult with an attorney familiar with easement issues. They may contain more than a few surprises.

Sep 09, 2023 05:17 AM
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

In Maryland each local County sets parameters for where conservation easements can be placed. There is also a State disclosure addendum to be added if there is one on the property you are selling.

Sep 09, 2023 03:35 AM
John Juarez
The Medford Real Estate Team - Fremont, CA

I have no experience with conservation easements. All my business is in urban areas and I have not run into anything other than easements for utilities and such.

Sep 08, 2023 08:22 AM
Kris Collis, Associate Broker
Smart Way America Realty - East Stroudsburg, PA
Professional Results you Expect 570-801-5525

US gov owns 47% of all land in the West.

Sep 09, 2023 09:31 PM