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Private Conservation Contracts (PCC’s)

Private Conservation Contracts (PCC’s). Role in Providing Green Infrastructure. Purdue University is an Equal Opportunity/Equal Access institution. “Easement” is a Misnomer. Easement adopted to avoid using the correct legal term Negative Servitude

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Private Conservation Contracts (PCC’s)

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  1. Private Conservation Contracts (PCC’s) Role in Providing Green Infrastructure Purdue University is an Equal Opportunity/Equal Access institution. Purdue University is an Equal Opportunity/Equal Access institution.

  2. “Easement” is a Misnomer • Easement adopted to avoid using the correct legal term • Negative Servitude • Restraint on owner of real property to make designated uses of the property • Easement • Generally refers to a positive servitude, a right of one party to use the property of another Purdue University is an Equal Opportunity/Equal Access institution.

  3. Relationship of PCC’s to Land Use Planning • PCC programs usually started and conducted independent of comp plans and zoning • Provision of green infrastructure requires partnering of GO’s and NGO’s • PCC’s are only one tool in toolkit Purdue University is an Equal Opportunity/Equal Access institution.

  4. Statutory Authority • Uniform Conservation Easement Act (IC 32-23-5) • UCEA developed in response to private contracts that courts were asked to enforce • Overcomes common law rule against perpetuities Purdue University is an Equal Opportunity/Equal Access institution.

  5. Private contract between an owner of real property, and • Any unit of government empowered to hold real property • Charitable corporation, association, or trust having as at least one of its purposes, the following Purdue University is an Equal Opportunity/Equal Access institution.

  6. Retaining or protecting natural, scenic, or open space values of real property; • Assuring availability of the real property for agricultural, forest, recreational, or open space use; • Protecting natural resources; • Maintaining or enhancing air or water quality; or • Preserving the historical, architectural, archeological, or cultural aspects of real property. Purdue University is an Equal Opportunity/Equal Access institution.

  7. Role of PCC’s is Increasing • Retain agricultural activities and thereby agricultural land uses • Protect ecologically important tracts of land • Aesthetic benefits • Historical districts • Scenic vistas • Provide public access and connectivity Purdue University is an Equal Opportunity/Equal Access institution.

  8. A Private Contract • Misunderstandings result from requirements for federal income tax benefits • Granting of qualifying rights in perpetuity needed for donor to get income tax deduction • Perpetual grant not required for contract to be enforceable • Public access not required Purdue University is an Equal Opportunity/Equal Access institution.

  9. PCC’s Can Be Changed • Lands subject to PCC’s are subject to eminent domain • Eminent domain could be used to create CE’s, but not recommended • Has been used as a requirement for receipt of building permit in jurisdictions with strong “environmental zoning” • Parties to a CE contract can by mutual agreement change the terms • Courts can change the terms when the contract • No longer provides a public benefit, • No longer treats parties equitably Purdue University is an Equal Opportunity/Equal Access institution.

  10. Enforcement • Contract may allow enforcement by a 3rd party • Significant costs incurred to assure compliance by land owner • Best to develop a working relationship between PPC holder and landowner Purdue University is an Equal Opportunity/Equal Access institution.

  11. Landowners Motivation • Sincere desire to help community and/or environment • Working with conservation groups provides access to motivated landowners • Rule from the grave • Maintain current use of property • Reduce income and/or estate tax Purdue University is an Equal Opportunity/Equal Access institution.

  12. Uses In Indiana • Natural Resources Conservation Service (US Department of Agriculture) • Riparian buffer • Wetlands • Farm and Ranch Lands Protection Program • Funds not available for required match • http://www.nrcs.usda.gov/programs/frpp/ • http://www.in.nrcs.usda.gov/programs/FRPP/pdf%20files/FRPP%20page%202.pdf Purdue University is an Equal Opportunity/Equal Access institution.

  13. Uses In Indiana • Forest Legacy Program (USDA Forest Service) • http://www.fs.fed.us/spf/coop/programs/loa/flp.shtml • IDNR, Division of Forestry • http://www.in.gov/dnr/forestry/ Purdue University is an Equal Opportunity/Equal Access institution.

  14. Uses In Indiana • Land Trusts • Focused on ecological benefits • Land Trust Alliance • www.lta.org • Indiana Land Protection Alliance • www.indianalandtrusts.org • Resource Conservation and Development Districts • Farmland retention Purdue University is an Equal Opportunity/Equal Access institution.

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