Conservation easements are a powerful tool for protecting open space and natural resources. Landowners agree to limit development on their property through the creation of an easement, which is held by a land trust or a government agency. The creation of an easement often has positive tax implications for the landowner, in addition to conservation benefits. This increasingly popular method of protecting our natural resources has recently come under attack in Montana. House Bill 725, introduced by Rep. Maedje, would require all easements to be approved by the local government, enforce a two-year waiting period on the transfer of any easements, limit the ability of local governments to accept federal funding for easements, and require organizations that facilitate the creation of easements to obtain a license from the state. The bill changes the intention of Montana's existing easement law to focus on resource use and human communities, instead of on biotic communities and the preservation of resources. This is best evidenced by a provision which states: "A conservation easement may not prohibit natural resource use." Shouldn't that be the landowner's choice? Part of the beauty of granting an easement is that it is a private decision made by the property owner. This attempt to limit the placement of easements is an infringement on property owners' rights, and an attack on a valuable conservation tool.

Ran 4/14/03