All kinds of stuff
Unclassified Guided Organizational Assessment / AccreditationLoza has served since 2000 as executive director of WeConservePA where he leads public policy initiatives, writes and edits technical guidance, and implements various assistance, training, and education programs to advance conservation. Previously he served as a land trust executive director; led conservation, planning, trail and development initiatives for county government; and consulted on environmental policy. He holds degrees from the University of Pittsburgh and Lehigh University.
Guide to Pennsylvania's Recreational Use of Land and Water Act
Loza co-authored this guide.
Why Preserve Farmland?
Loza started Allegheny County's farmland preservation program and has been engaged in farmland preservation issues for many years.
What Is a Land Trust?
Loza authored this guide.
Land Trust Standards and Practices
Loza has assisted land trusts dozens of land trusts in understanding and implementing Standards and Practices. He also served on the Standards Advisory Team for the 2017 revision.
Conservation Easements
Loza authored this guide and many related materials.
Overview of Pennsylvania’s Recreational Use of Land and Water Act
Loza coauthored this guide.
Pre-Existing Mortgages in Easement Transactions
Loza co-authored this guide.
Realty Transfer Tax Exclusions for Conservation-Related Transactions in Pennsylvania
Loza is a contributing author to this guide.
Farmland Preservation Options for Landowners
Loza started Allegheny County's farmland preservation program and has been engaged in farmland preservation issues for many years.
Adding to Land Under Conservation Easement
Guide co-author.
Restricting Development to What Is Approved in a Subdivision and Land Development Plan
Author
Delineating Conservation Easement Boundaries and Protection Areas
Loza has served since 2000 as executive director of WeConservePA where he leads public policy initiatives, writes and edits technical guidance, and implements various assistance, training, and education programs to advance conservation. Previously he served as a land trust executive director; led conservation, planning, trail and development initiatives for county government; and consulted on environmental policy.
Using the Model Conservation Easement
Loza co-authored the Model Grant of Conservation Easement and Declaration of Covenants with Commentary.
Model Documents Overview
Loza is an author, coauthor, or editor of most of PALTA’s model documents.
Parks in Perpetuity
Loza has served since 2000 as executive director of WeConservePA where he leads public policy initiatives, writes and edits technical guidance, and implements various assistance, training, and education programs to advance conservation. Previously he served as a land trust executive director; led conservation, planning, trail and development initiatives for county government; and consulted on environmental policy.
Eminent Domain and Conserved Land in Pennsylvania
Guide editor.
Trail Easements
Loza has served since 2000 as executive director of the WeConservePA where he leads public policy initiatives, writes and edits technical guidance, and implements various assistance, training, and education programs to advance conservation.
The Durability of Conservation Easements
Guide author.
Funding Conservation Easement Stewardship
Guide author.
Right of First Offer and Right of First Refusal
Loza has served since 2000 as executive director of WeConservePA where he leads public policy initiatives, writes and edits technical guidance, and implements various assistance, training, and education programs to advance conservation.
Responding to Encroachment
Loza has served since 2000 as executive director of the Pennsylvania Land Trust Association where he leads public policy initiatives, writes and edits technical guidance, and implements various assistance, training, and education programs to advance conservation.
Reversionary Interest
Loza has served since 2000 as executive director of the Pennsylvania Land Trust Association where he leads public policy initiatives, writes and edits technical guidance, and implements various assistance, training, and education programs to advance conservation.
Stewardship Funding Arrangements
Loza co-authored this guide.
Riparian Buffer Protection Agreement
Loza managed PALTA’s riparian buffer protection agreement project.
Guide to the Conservation and Preservation Easements Act
Loza worked to achieve passage of the act and authored this guide.
Pennsylvania Local Governments May Support Land Trusts
Loza authored this guide and assisted with the development of what became Act 154 of 2006.
Public Dedication of Land and Fees-in-Lieu for Parks and Recreation in Pennsylvania
Loza coauthored the guide Public Dedication of Land and Fees-in-Lieu for Parks and Recreation.
Property Tax Exemption for Preserves, Parks, Trails, and Other Conserved Lands
Loza is a contributing author and editor of this guide.
Guidelines for Conservation Easement Amendments, Waivers, and Letters of Interpretation
Conservation easements are intended to last—to ensure protection of important resources, no matter people’s whims—through the decades and centuries. However, the world changes and so do understandi...
Don't Regulate Rooftop Solar Without Compelling Cause
Regulation of rooftop solar energy systems through municipal zoning ordinances results in fewer people powering their homes and businesses with clean, safe, renewable energy. Common arguments for r...
Stewardship Funding Arrangements: Supporting Easement Holders in Carrying out Their Conservation Duties
<p>A landowner may agree to an arrangement that requires the owner <i>or successive owners</i> of an eased property to make payments to the conservation easement holder to support stewardship of th...
Public Dedication of Land and Fees-in-Lieu for Parks and Recreation in Pennsylvania
Pennsylvania municipalities may require developers to provide parkland for new developments. They may also offer developers the option to instead pay fees, construct facilities, or establish privat...
Separate Entity to Hold Riskier Properties
Some real property is substantially riskier than other property for an organization to hold and manage, perhaps because of environmental contamination (or suspicion of the same), perhaps because of...
Riparian Buffer Protection Agreement
A riparian buffer protection agreement limits activities on all or a portion of a property to advance conservation purposes while keeping the property in the control of the landowner.
Bridge Loans for Conservation Purchases: Borrowing from Revolving Loan Funds
When an organization must close on a real estate transaction prior to securing all the necessary funds, borrowing will be necessary for the deal to proceed. Several organizations manage revolving l...
Commission-Based Compensation Fundraising
Commission-based compensation for fundraising by staff and consultants, although legal, is widely viewed as a bad practice for nonprofits.
Economic Benefits of Biodiversity
Economic impact studies document the many and substantial economic benefits generated by biodiversity. This guide identifies major studies, summarizes key findings of each and provides hyperlinks t...
Economic Benefits of Parks
(print edition of ConservationTools.org guide) Economic impact studies document the many and substantial economic benefits generated by parks. This guide identifies major studies, summarizes key f...
Economic Benefits of Smart Growth and Costs of Sprawl
Sprawling patterns of development create heavy economic burdens -- problems, costs and liabilities far in excess of the benefits. Conversely, smart growth strategies can enhance economic vitality.
Economic Benefits of Trails
(print edition of ConservationTools.org guide) Economic impact studies document the many and substantial economic benefits generated by trails. This guide identifies major studies, summarizes key ...
Street and Sidewalk Design
Good street and sidewalk design improves public health and safety, accommodates a variety of users, reduces environmental impacts, and makes communities more inviting. WeConservePA guide. 5 pages.
Local Regulation for Historic Preservation
Local municipal regulations can provide substantial protection to historic resources, preserving their contributions to cultural vitality and helping communities maintain quality of life.
Using the Model Conservation Easement
The Model Grant of Conservation Easement and Declaration of Covenants provides users with a state-of-the-art legal document. Built on a foundation of research that identified working (and failing) ...
Conservation Easements: An Introduction for Private Landowners
A conservation easement limits certain uses of the land in order to advance one or more conservation objectives while keeping the land in the owner’s control. It is established by mutual agreement ...
Model Documents Overview
WeConservePA develops and maintains model documents to help users plan and complete real property transactions, ensure conservation permanence, reduce liability, and otherwise advance their conserv...
Guide to Pennsylvania's Recreational Use of Land and Water Act: A Law Limiting the Liability of Those Who Open Their Land to the Public
The Recreational Use of Land and Water Act limits the liability of property owners who open their land to the public for recreation. This guide describes the immunity provided to owners in regards ...
Environmental Advisory Council: A Versatile Arm for Pennsylvania Local Government
Any municipality in Pennsylvania may establish an environmental advisory council to tap the skills and volunteer energy of its citizens. Consisting of three to
seven members appointed by the local...
Property Tax Exemption for Preserves, Parks, Trails, and Other Conserved Lands
Preserves, parks, trails, and other conserved lands in Pennsylvania are not automatically exempted from real estate taxes. If tax exemption is desired for a parcel, the charitable organization or ...
Riparian Buffer Protection via Local Regulation: A Guide and Model Ordinance for Pennsylvania Municipalities
Riparian buffers - forested or otherwise vegetated lands bordering water bodies - deliver tremendous water quality and other public benefits. Pennsylvania municipalities may ensure the protection ...
Working Forest Conservation Easement: A Property Rights-Based Tool for Conservation
A working forest conservation easement keeps forestland intact for timber production, providing support for rural economies. It is established by mutual agreement of a willing landowner and a priva...
Addressing Climate Change and Carbon Sequestration in Conservation Easements
The reality of climate change brought on by increasing levels of greenhouse gases in the atmosphere presents challenges to conservation practitioners. This guide examines how conservation easements...
The Intersection of Carbon Offsets and Conservation Easements
A number of carbon offset programs are problematic. Nevertheless, it is sensible to ensure that newly drafted grants of conservation easement clearly permit offset projects (whether or not such pro...
Trail Easements
A property owner may convey to others the rights to create, maintain, and use a trail on their property without giving up ownership and enjoyment of the land through which the trail passes. WeConse...
From Lawn to Meadow: Protect Water, Provide Habitat, Save Money
Converting areas covered by turf grass to meadows can be financially rewarding and relatively simple on both public and private land. It can also deliver substantial environmental and aesthetic ben...
Pennsylvania Local Governments May Support Land Trusts
In Pennsylvania, local governments may give money, land and easements to land trusts. WeConservePA guide. 2 pages.
What Is a Land Trust?
Simply stated, a land trust is a charitable organization that acquires land or conservation easements, or that stewards land or easements, for conservation purposes. However, this simple definition...
Conservation Easements in Court: A Review of Easement Violation and Enforcement Litigation in Pennsylvania
A review of Pennsylvania judicial decisions reveals that conservation easement holders and the conservation values they uphold prevail when a dispute leads to litigation. Courts respect the text of...
Drafting an Amendment and Restatement of a Grant of Conservation Easement
The Model Grant of Conservation Easement and Declaration of Covenants may be modified to amend and restate a grant of conservation easement by following the instructions below. WeConservePA guide. ...
Right of First Offer and Right of First Refusal
A landowner may not be ready to sell their property but may be willing—if and when they are ready to sell—to provide an organization with the opportunity to purchase the property before it is sold ...
Purchase and Sale Agreements for Conservation Projects: Guidance and Sample Provisions
Acquisitions of land and easements for conservation purposes can involve issues different from other real estate transactions. This guide looks at purchase and sale agreements in general and then r...
Model Trail License Agreement with Commentary
<p>A landowner may be sympathetic to a trail organization wanting to maintain a trail running through the landowner’s property. However, the landowner may rightfully have qualms about making ...
National Poll Results: How Americans View Conservation
Across the political spectrum, voters in the United Sates consistently demonstrate support for conservation. (Print version of CT Guide)
Amending Conservation Easements
Powerpoint presentation providing overview of easement amendments and guiding principles.
Growing Greener, Melding Conservation and Development
A case study on Conservation by Design. The studies provide the perspective of both the land owner and the developer in creating open-space friendly developments.
Model Grant of Conservation Easement and Declaration of Covenants
<p>The Model Grant of Conservation Easement and Declaration of Covenants provides users with a state-of-the-art legal document together with an expansive commentary. Built on practitioner experienc...
Model Trail Easement Agreement with Commentary
<p>This widely used model is coupled with an expansive commentary that explains the reasoning behind every provision, instructs on applying the model to particular circumstances, and provides alter...
Local Land Use Planning and Controls in Pennsylvania
This guide describes the basic elements of land use planning and regulation available to municipal and county governments under the Pennsylvania Municipalities Planning Code. WeConservePA guide. 6 ...
Solar Energy Development and Land Conservation
An enormous boost in solar energy production is one of the actions needed to stop the dramatic rise of carbon in the atmosphere and better ensure civilization’s long-term prospects. This guide expl...
Trails for All People: Guidance for Accessibility and Inclusive Design
How can trail groups, local governments, and land trusts responsibly plan, develop, and operate trails that are accessible by all people, including those with limited mobility? What are best manage...
Guide to the Conservation and Preservation Easements Act: Pennsylvania Act 29 of 2001
Conservation organizations can avoid many potential difficulties in conservation easement stewardship by ensuring that their conservation easement documents are drafted to conform with the Conserva...
Who May Get Involved in Conservation Easement Management Matters? A Consideration for Amendment of Pre-June 2001 Easements
Occasionally a land trust will seek to amend a conservation easement. More often, the owners of land subject to an easement will ask for an amendment. In any case, the issue of who can insert thems...
Reducing Federal Estate Tax: A Conservation Easement Benefit for Large Estates
For large estates, death triggers the possibility of federal estate tax. A conservation easement on the deceased person’s land—whether granted in life, by will, or by the person’s heirs—can reduce ...
Model Grant of Access Easement for Environmental Stewardship with Commentary, 2nd edition
<p>This model legal document is used to ensure the easement holder's continued access to a property to undertake AMD remediation or other environmental restoration and stewardship projects. Be ...
Trapped in a Contract: Don't Get Burned by Evergreen and Automatic Renewal Clauses
Organizations should be wary of draconian renewal clauses that are sometimes embedded in seemingly innocuous contracts. If an organization enters into a contract containing such a clause, the organ...
Stewardship Funding Arrangements: sample brochure
The Pennsylvania Land Trust Association prepared this sample brochure to illustrate how a land trust might communicate with owners concerning the need and options to fund the land trust's easement ...
Your Loss Is Not My Benefit; Your Gain Is Not My Detriment: The Tenuous Link Between Value to Landowner and Value to Conservation in Easement Transactions
How does decrease or increase in market value of land resulting from establishing or amending an easement relate to the conservation easement’s value? What do we mean when we refer to “value”? This...
Option to Sell (Put Option)
An option to sell may be used to assure that a property acquisition can be undone if expectations are not met. WeConservePA guide. 2 pages.
Realty Transfer Tax Exclusions for Conservation-Related Transactions in Pennsylvania
Many conservation-related property transactions are excluded from having to pay state and local realty transfer taxes in Pennsylvania. WeConservePA guide. 6 pages.
Why Preserve Farmland?
Farms feed us and provide a host of other public benefits. However, every day, the amount of fertile farmland diminishes as development spreads. When farmers think that the farms around them will b...
Other Power-Driven Mobility Devices on Trails and Areas Open to Pedestrians: Creating and Implementing Policies for Accessibility and Compliance with the Americans with Disabilities Act
Trails and other areas open to the public for pedestrian use must also be open to motor-ized vehicles used by persons with mobility disabilities. Any type of motorized vehicle must be allowed unles...
Farmland Preservation Options for Landowners: Government and Private Approaches to Conservation Easements in Pennsylvania
Fifty-eight Pennsylvania counties have agricultural land preservation boards that purchase agricultural conservation easements. Sixty-eight private, charitable land trusts accept donations of conse...
Cost of Community Services Studies
Cost of Community Services studies examine both the tax revenues generated by different land uses and the costs to local government of providing services to those same uses. They help people unders...
Land Trust Accreditation
The Land Trust Accreditation Commission offers outside verification that a land trust conforms with a key set of practices within Land Trust Standards and Practices. Accreditation is voluntary. A l...
Land Trust Standards and Practices: Guidelines for the Responsible Operation of a Land Trust
The Land Trust Standards and Practices are widely accepted ethical and technical guidelines for the responsible operation of land trusts. WeConservePA guide. 3 pages.
Model Maintenance and Operation Agreement with Commentary
This model helps local governments and private sports leagues or other recreational groups establish partnerships for providing recreational facilities and programming on public lands. It helps the...
Development Threat Analysis
A development threat analysis identifies undeveloped lands that are most likely to be developed within a specific time frame. Information is presented in map form.
Model Stewardship Cost Calculator
TEMPORARILY OUT OF SERVICE. DO NOT USE POSTED SPREADSHEET. Land trusts can use this tool to estimate the annual costs of stewardship for a conservation easement and the initial investment in a stew...
How Pennsylvanians View Government Funding of Conservation: An Overview of Polling and Voting Results
An overwhelming majority of Pennsylvanians—regardless of party or region—value open space and state investments in conservation. (Print version of CT guide)
Co-Holding Conservation Easements: Considerations for Good Management and Conservation Outcomes
A conservation easement may be granted to multiple entities. These holders of the easement are then each responsible for upholding the easement’s conservation objectives. The respective roles of th...
Who Has Standing? Conservation Easements in Pennsylvania Courts
Who can assert claims and be heard in Pennsylvania’s courts if a dispute heats up over the management of a conservation easement? WeConservePA guide. 6 pages.
Management of the Document Preparation Process
When a real estate transaction document needs to be reviewed, edited, or approved by more than one person, good document management and control practices help prevent time-consuming missteps and co...
Adding to Land Under Conservation Easement
<p>A landowner has land under conservation easement and is ready to conserve more of their nearby property. How best to carry this out?</p>
Model Amendment of Grant of Conservation Easement and Declaration of Covenants
<p>If changes to a conservation easement granting document are necessary or desirable, the easement holder must decide whether to amend and restate the document in full or to amend without restatem...
Model Declaration of Public Trust with Commentary
This set of model documents and accompanying commentary helps local governments formally dedicate lands to public purposes, reserve portions for other purposes, and clarify what are and aren’t appr...
Referendum to Authorize a Tax or Bond for Conservation
Pennsylvanians may vote to establish a tax specifically dedicated to open space protection in their municipality. Voters may also approve borrowing by their county or municipality for conservation ...
Endowments and More
Endowments and quasi-endowments help organizations establish long-term financial stability. This guide explains the basics; provides links to resources that address creating, managing, and fundrais...
Transfer of Development Rights
Transfer of Development Rights is a zoning technique that conserves land by redirecting development that would otherwise occur on the land (the sending area) to a receiving area suitable for denser...
Overview of Pennsylvania’s Recreational Use of Land and Water Act
A brief review of the landowner protections provided by the Act regarding claims of personal injury or property loss by recreational users of their land. WeConservePA's "Guide to Pennsylvania’s Rec...
Using a Deed Restriction to Protect Land: A Path for When Neither a Land Trust Nor Government Can Help
A family or group of neighbors may want to limit future use of a property, but that desire may not be shared as a priority by conservation organizations or government. In this case, a deed restrict...
The Environmental Advisory Council Handbook: Guidance for Establishing and Operating EACs in Pennsylvania
This handbook contains information on what environmental advisory councils (EACs) are, how they are formed and run, and how they interact with their governing boards and their communities. It is th...
Parks in Perpetuity: The Protections Provided to Parks and Other Public Open Spaces Under Pennsylvania Law
Parks and other public open spaces deliver tremendous benefits to the public and provide a crucial foundation for building, maintaining, and renewing communities. People rely on the permanence of t...
Adverse Possession in Pennsylvania
A long-time trespasser may gain ownership of land by using it with no documented challenge for 21 years. Landowners can avoid this threat with some good, basic practices.
Deed Restriction Versus Conservation Easement
In most circumstances, a conservation easement is a far better tool for conserving land than a deed restriction. This guide explains how the tools differ. [WeConservePA guide; 4 pages]
The Durability of Conservation Easements
Landowners grant conservation easements to conservation organizations (“land trusts”) in perpetuity. The conservation objectives of the easement and the associated restrictions on how land can be u...
Funding Conservation Easement Stewardship: Your Role as the Land's Owner and Conservation Champion
<p>In accepting a conservation easement from you, the land trust takes on the responsibility of ensuring that your land is forever conserved. Fulfilling this duty requires money. This is why the la...
What is Conservation?
In brief, WeConservePA uses the word conservation to mean the act of caring for and wisely using land to ensure that the land’s natural resources can continue to benefit people and wildlife over ti...
Not a Public Trust: The Land Trust-Held Conservation Easement in Pennsylvania
No legal precedent exists in Pennsylvania for finding that a conservation easement acquired by a private land trust is a public trust.
Carbon Rights and Assignment of Carbon Credit Sale Proceeds: Providing Conservation Easement Holders the Potential to Receive Carbon-Related Benefits
The possibility of granting carbon rights to the easement holder may be considered during the development of a conservation easement. This presents substantial complexity that can be avoided by ins...
Amend OR Amend and Restate: Matching Approach to Situation When Making Changes to a Conservation Easement
If changes to a conservation easement are necessary or desirable, the easement holder must decide whether to amend and restate the grant of easement in full or simply amend it. This guide assists w...
Nature Play: Nurturing Children and Strengthening Conservation through Connections to the Land
Unstructured, frequent childhood play in informal outdoor settings powerfully boosts the cognitive, creative, physical, social and emotional development of children. It also engenders deep conserva...
Beneficiaries and Backup Holders: Providing Third Parties With Rights but Not Responsibilities Regarding Conservation Easements
A grant of conservation easement may provide one or more rights to a party other than the landowner and holder of the easement, in accordance with the needs and wishes of those involved with the ea...
Making Restricted Gifts: Impacts of Restrictions on Charitable Tax Deductions
Donors of land, cash, or other property may desire to place restrictions on a gift to ensure it is used only for specific purposes. To what extent might such restrictions limit or disallow a charit...
Closing: Finalizing the Real Estate Transaction
<p>At closing, the transfer of the real estate interest, whether land, easement, or other interest, is completed. This guide helps users organize and expedite the closing. WeConservePA guide. 8 pag...
Ensuring the Permanence of Parks and Other Public Open Space: Safeguards for Lands Entrusted to Local Government
How can local governments establish clear and appropriate protections for the parks and other public open spaces in their purview? How can citizens defend public lands from inappropriate use or liq...
Legal Considerations in Amending Grants of Conservation Easement
This guide informs easement holders, particularly private land trusts, of legal matters to consider under Pennsylvania law and the Internal Revenue Code when making decisions regarding the amendmen...
Model Stewardship Funding Covenant with Commentary
<p>The Model Stewardship Funding Covenant is a tool for making funding arrangements for conservation easement stewardship that are both affordable to landowners and adequate to cover the ...
Statutory Protection from Liability Related to Public Access: Pennsylvania Law Supports Opening Land to the Public
Public access to land for recreational use raises concern about the possibility of visitor injuries and the potential for the owners or managers of the land to then be held liable. Several Pennsylv...
Model Policy for Conservation Easement Amendment
Every easement-holding land trust should have a policy to help guide responsible consideration of potential amendments to grants of conservation easement. WeConservePA produced this one-page Model ...
Model Declaration of Public Trust for Conservation Easements (with Commentary)
The Model Declaration of Public Trust for Conservation Easements is a tool for local governments to use to help ensure that the conservation easements they acquire are long-lasting and durable no m...
Model Compliance Statement with Commentary
A prospective buyer of eased land may want the owner of the land to provide them a guarantee that the easement holder won’t pursue claims against them for violations that predate their interest. A ...
Estoppel Certificates, Compliance Statements, and Conservation Easements
A prospective buyer of eased land may want the owner of the land to provide them a guarantee that the easement holder won’t pursue claims against them for violations that predate their interest. A ...
Placing Transfer Fees in Grants of Conservation Easement
Provisions requiring payments by owners of eased land to the easement holder upon each transfer of the land (or other triggering event) may be placed in the document that grants a conservation ease...
Restricting Development to What Is Approved in a Subdivision and Land Development Plan
When a local government is approving a subdivision and land development plan, a landowner or developer sometimes agrees to place restrictions on the land to ensure that no further subdivision or de...
Reducing Pennsylvania Inheritance Tax
In Pennsylvania, death triggers a state inheritance tax on the distribution of the deceased person’s assets (the “estate”) to the beneficiaries of the estate. Conservation restrictions in support o...
Reducing Liability Associated with Public Access
Public access to land for hiking, bird watching, hunting, and other recreational activities raises the possibility of a visitor getting injured and for the owners or managers of the land to then be...
Indemnity Agreements and Liability Insurance: Protection From Claims Brought by Third Parties
An individual or organization’s risk of being held liable for personal injury or property damage may be shifted to another party who agrees to accept the risk and who holds liability insurance or s...
Model Fishing Access Agreement and Commentary
<p>The hybrid easement document provides for both resource protection and public access for fishing. It is a tool for conservation organizations and governmental entities to build cooperative relat...
Model Grant of Conservation Easement and Declaration of Covenants for Riparian Buffer Protection
<p>This model was crafted for the specific purpose of permanently protecting riparian buffers along waterways. The model is based on the 7th edition of the Model Grant of Conservation Easement and ...
Donation of Stock and Other Securities
For both donors and recipients, the donation of stock and other marketable securities can be more advantageous than a cash donation.
The Nature of the Conservation Easement and the Document Granting It
By statute and by common law interpretation, a conservation easement is a real estate interest and is governed by real estate law, in particular, the law of servitudes. This guide analyzes the nat...
Model Grant of Right of First Offer
The holder of a right of first offer has the opportunity to purchase land at the landowners’ asking price before other prospective purchasers have an opportunity. An alternative configuration has t...
Model Grant of Right of First Refusal
If an owner intends to accept an offer for the purchase of his or her land, the holder of a right of first refusal has the opportunity to purchase the land at the price and terms offered by the pro...
Installment Agreement
The seller of real estate may finance the buyer’s purchase of a property. An installment agreement requires the buyer to pay the seller the purchase price in installments over time. Both the buyer ...
Not a Charitable Trust: The Donated Conservation Easement in Pennsylvania
Little evidence exists to support the proposition that a donated conservation easement, in the absence of a charitable trust agreement, is a charitable trust in Pennsylvania; indeed, there is compe...
Gift of a Future Interest in Real Estate: Reserved Life Estates Keep Owners in Control During Their Lifetimes
Landowners can convey a future interest in real property to a conservation organization or government but continue to live on or otherwise enjoy using the property during their lifetimes. If the pr...
Restricted Gifts: Considerations in Accepting, Managing, and Soliciting Gifts for a Specific Purpose
Charitable organizations should be aware of the issues that come with gifts of cash, land, or other property restricted to a particular purpose rather than an organization’s general purposes. They ...
Pre-Existing Mortgages in Easement Transactions: Using Non-Disturbance and Subordination Agreements to Prevent Extinguishment and Comply with Tax Law
When a mortgage predates an easement on a property, the easement could be extinguished in a foreclosure if the owners default on their mortgage payments. And if the easement is to be donated and th...
Donation Agreements
A donation agreement may be used to ensure that a donor’s promise can be relied upon, set the expectations of both donor and donee, and prevent misunderstandings. WeConservePA guide. 7 pages.
Model Grant of Fishing and Boating Access Easement
<p>Use to provide public access to or along a waterway for fishing, boating or other recreational and educational uses. This model legal instrument may be used as a stand-alone document or may be c...
Authorization of Real Estate Transactions: Rules and Process for Nonprofits
Within the bounds of state law and private standards of practice, nonprofit organizations have considerable flexibility in establishing policies and procedures regarding the authorization of real e...
Reversionary Interest
A landowner concerned about the future use of their land can donate or sell their land on a conditional rather than absolute basis. The deed used to convey the land can include terms that will trig...
Purchase Options: Gaining the Right Without the Obligation to Acquire Property Interests
A purchase option is a right to purchase or lease land or other property interests without any obligation to do so.
Model Grant of Purchase Option with Commentary
A purchase option assures the option holder of the right to purchase property at a certain price within a certain time period but without an obligation to do so. In granting an option, the landowne...
Release of Liability Form: A Tool to Reduce the Risk of Claims for Personal Injury or Property Loss
A properly designed release of liability form signed by a volunteer or participant in an activity can reduce the risk of claims for personal injury or property loss against the organizing or hostin...
Model Grant of Conservation Easement, 6th edition (archived--not for use)
A more recent version of this model, the "Model Grant of Conservation Easement and Declaration of Covenants, 7th edition," was published in 2016. The 6th edition is archived here for historical pu...
Donation by Will: Options and Issues Regarding Gifts of Cash, Land and Other Property
Donors who want to help a worthy charity but also need to ensure that they have sufficient assests to live comfortably until life's end may choose to make some gifts via their wills. WeConservePA g...
Delineating Conservation Easement Boundaries and Protection Areas
Properly delineating the boundaries of conservation easements and their different protection areas is crucial to easement stewardship and enforcement. Conservation restrictions are difficult, if no...
Seller Take Back Financing
When a seller wants to close a sale of real estate but the buyer is not yet in a position to fully fund the purchase, the parties can close the sale with the seller taking from the buyer a purchase...
Legal Considerations for Stewardship Funding Arrangements: Binding Present and Future Landowners to Present Promises
<p>A landowner may agree to funding arrangements that require the landowner or successor owners of an eased property to make one or more payments to the easement holder to support stewardship of th...
Model Conservation Easement Donation Agreement with Commentary
<p>The Model Conservation Easement Donation Agreement helps land trusts avoid getting stuck with unreimbursed major expenses if a would-be easement donor walks away from a project. It outlines the ...
Model Grant of Trail Easement with Commentary: A Short Form Alternative to the Model Trail Easement Agreement
<p>The Model Grant of Trail Easement is brief--one page (exclusive of signatures)--as compared to the Model Trail Easement Agreement. The shorter document is useful where brevity is the paramount c...
Model Assignment of Grant of Conservation Easement and Declaration of Covenants
<p>The Model Assignment of Grant of Conservation Easement and Declaration of Covenants with Commentary is a tool for transferring conservation easements and associated responsibilities, as well as ...
Model Consent, Non-Disturbance, and Subordination Agreement with Commentary, 2nd edition
<p>When a mortgage precedes an easement on a property, the possibility that one day the mortgage could be foreclosed poses a threat to the continued existence of the easement unless the holder of t...
Model Permission for Encroachment
<p>The Model Permission for Encroachment is a license agreement that allows an encroachment to continue until the owner withdraws permission. The model document also features owner protections from...
Model Release of Liability Form
<p>The risk of being held responsible for injuries or property damage associated with organizing volunteer, educational, recreational, and other events and activities (or opening up property for th...
Responding to an Encroachment: Oust or Give Permission with Conditions
What should you do if a neighboring landowner encroaches on your organization’s property (e.g., builds a shed or extends their lawn) or otherwise uses the land without permission? Sometimes immedia...
Permits for Events, Hunting, Camping, and Other Uses of Conserved Land
Requiring permits for certain activities on conservation lands (such as events, hunting, and camping) helps land managers ensure that the activities do not negatively impact the land or others’ enj...
Federal Tax Deductibility of Conservation Easement Donations
Some donations of conservation easements qualify for a federal income tax deduction; others do not.
Acting on Owner Requests for Review, Waiver, and Interpretation Regarding Conservation Easements
What considerations guide a conservation easement holder’s processing of a landowner’s request for the holder to: approve an action subject to the holder’s review; waive the holde...
Model Policy for Acting on Owner Requests for Review, Waiver, and Interpretation
<p>This model policy guides a conservation easement holder’s processing of a landowner’s request for the holder to: (1) approve an action subject to the holder’s review; (2) ...
Model Baseline Documentation Acknowledgment with Commentary
<p>The purpose of the Model Baseline Documentation Acknowledgment is to ensure that baseline documentation materials are properly identified and certified for optimal long-term legal effect, regard...