By Mannix Porterfield
Register-Herald reporter
April 05, 2008 08:52 pm
—
Saving the land for future generations.
That, in essence, is the goal of landmark legislation Gov. Joe Manchin approved, one that allows some public money to be spent preserving private land if owners enter into pacts to either seal easements or donate their property to the public.
Known formally as the Voluntary Rural and Outdoor Heritage Conservation Act, the proposal was embraced by a number of groups, from the West Virginia Chapter of the National Wild Turkey Federation to the Nature Conservancy.
“The coalition supporting this legislation recognized the economic and quality of life returns that West Virginians will see from investing in the conservation of outstanding natural areas, wildlife habitat, forest land and farmland — and the value of conserving our natural heritage for our children and grandchildren,” said Rod Graves, a retired Monroe County farmer who is active on two farmland protection boards.
“We also recognized the importance of partnering to support both a state investment in land conservation and the development of the Outdoor Heritage Conservation Fund.”
Manchin viewed the act as an investment in growing the tourism industry as well as attracting businesses that value “a high quality of life for their employees.”
“This legislation is one more step in making West Virginia a destination state,” the governor said in signing the bill.
Money from a $4 flat fee imposed when deeds are recorded and $5 on other documents are earmarked for land conservation.
Half of all money generated will be put into the existing state-level Farmland Protection Fund, while the other half is for the new Outdoor Heritage Conservation Fund.
“An easement allows a landowner to keep his or her land,” says Beth Wheatley, director of government relations for the Nature Conservancy in West Virginia.
“In other words, you continue to own it, manage it, and live on it as you always have. But it conserves specific values of the property, such as prime agriculture soil, or critical wildlife habit. It does that by restricting certain uses of the land, for example, unwanted development.”
If a landowner elects to conserve all or part of the property, an appraisal is performed and monetary value is put on the easement, or the entire tract, she explained.
Just how much a landowner receives depends on the size of the land and how much of it’s dedicated to conservation, Wheatley said.
From all indications, the act should prove popular across West Virginia.
“One of the reasons the Nature Conservancy worked with this coalition of interest groups to focus on this legislation was because of the demand from private landowners in West Virginia,” Wheatley said.
“There’s an incredible interest among landowners across the state in conserving their property, so much so that groups like the Nature Conservancy, the West Virginia Land Trust, and some of the farm protection boards end up turning landowners away, because they don’t have the resources to work with that.”
The measure was sponsored by Senate Economic Development Chairman Brooks McCabe, D-Kanawha, who considers the two funds critical to maintaining the state’s “economic well-being and quality of life.”
“This initial state investment will begin to leverage private, federal and, in some cases, local dollars to enable conservation of West Virginia’s outstanding natural assets,” McCabe said.
Wheatley says the easement approach is one of the more effective means of conserving private land, noting that millions of acres across the United States have been put under such a protective umbrella.
Even after a landowner enters into one, she emphasized, farming and timber harvesting are allowed to go on provided terms are heeded. All such agreements are drawn up in line with the individual’s needs, so it’s not a one-size-fits-all pact.
Besides preserving the historical significance of land, easements can safeguard water quality, wildlife habitat, the character of rural settings, landscapes and scenic views, and stretch public conservation dollars, she said. What’s more, easements serve as buffers for public lands.
Even if land is sold or handed down to heirs, restrictions are perpetual, regardless of the new owners.
Since key private lands are protected, limited public monies are freed up for other uses, Wheatley noted. Easements are focused on rights vital to protecting specific values.
“Conservation easements are very flexible, legal agreements that are catered to the needs of the land and the needs of the landowner, so each conservation easement is different,” Wheatley said.
“It depends on what values, whether they be agricultural or wildlife, or other natural values, that you’re trying to conserve.”
— E-mail: mannix@register-herald.com
Copyright © 1999-2008 cnhi, inc.