Distinctly Montana Magazine

D I S T I N C T LY M O N TA N A • FA L L 2 0 1 6 80 BY ROBYN ERLENBUSH PHOTOS BY RAB CUMMINGS MONTANA REAL ESTATE THE LEGACY OF CONSERVATION So why would a property owner set up a conservation ease- ment? One reason is so that the current landowner's vision for the land can carry forth for generations to come. ough there are many types of easements, the most common objective is to restrict future development through subdivision for residential or commercial ventures, or to prohibit activities that affect natu- ral resources such as mining and logging. e landowner still owns and uses their property while knowing that their heritage will live on after they do. Placing the land in a conservation easement is the only way to protect its integrity in perpetuity. As the concept of "legacy properties" becomes more prominent, this trend may continue to increase. e establishment of the ease- ment leaves control of the property with the landowner, though allowing public access may become part of the agreement. An important step that must be taken to ensure a conserva- tion easement is established correctly is to meet one of the fol- lowing three principles. 1) Preservation of open space. 2) Pres- ervation of a relatively natural habitat for fish, wildlife or plants. 3) Preservation of lands for education or outdoor recreation of the general public. Once one or more of these criteria have been met, the details are negotiated with the help of land trust profes- sionals. Conservation easements are legally binding agreements and are filed in the appropriate county courthouse. As for how long it may take to fully establish an easement, Penelope Pierce, Executive Director of the Gallatin Valley Land Trust, stated the following: "Each easement is unique. e timing from a first conversation with a landowner until the closing of the easement can range from as little as a few months up to several years de- H ERE IN MONTANA, WE STILL ENJOY A RELATIVELY LOW POPULATION BASE IN A LARGE GEOGRAPHIC AREA. In fact, most reports show our state in one of the last three positions of population density in the nation. at said, some regions have been feeling the effects of growth spurts and have had to address how to manage that progression in the best manner. A noteworthy strategy that comes into play is by placing property in a "conservation easement." One simple definition is "to protect private lands from development that would destroy or degrade a property's scenic, wildlife, agricultural or recreational values." While increased demands for additional hous- ing supply pull in one direction, the need to retain our current lifestyle and wide-open space traditions is on the other side. Haynes easement in the Bridger Foothills

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