The Role of Conservation Easements in Preserving Natural Heritage
Conservation easements (CEs) are arrangements in which natural heritage protection is established by agreement between a government agency or a non-governmental organization and a landowner, but lands are not purchased in the transaction.
Conservation conditions can be written into property deeds and registered with a Land Titles Office as a means of perpetuating the arrangement. Since easements place controls on a property’s use, and are usually arranged in perpetuity, any future landowners must be prepared to adopt the obligations of the easement.
Often, governments offer a tax benefit as an incentive to encourage a landowner to enter into an easement agreement (Ontario’s Conservation Land Tax Incentive Program, for example, offers such incentives).
Easements have the obvious advantage of being less expensive than purchasing properties outright, while still affording some protection to natural heritage properties. In 1994, there were amendments to the Conservation Land Act to allow conservation bodies (e.g., Crown agencies, municipalities, land trusts and others) to hold and enforce conservation easements.
Because CEs are based on placing conditions on private property, issues could arise that might not arise from direct land ownership by a public conservation agency. These include access to and inspection of the property; verification of whether or not special conditions are being met; whether a third-party agency exists that has the authority and resources to audit these agreements, which are now becoming numerous in Ontario; and the long-term viability of the agreements.
Protecting properties by conservation easements can help to build wildlife corridors and trail systems and protect remnant habitats. Such arrangements are, however, generally less suitable for establishing a major public access park or recreational area, since easement properties are typically small and bounded by private property.
| This is an article from the 2000/01 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article
Environmental Commissioner of Ontario. 2001. "A Review of Ontario's Land Acquisition Program." Having Regard, ECO Annual Report, 2000-01. Toronto, ON : Environmental Commissioner of Ontario. 173.
