Conservation easements are increasingly becoming a popular land use control for landowners, government agencies and non-profit conservation organizations. These legal documents restrict a landowner's development rights and constrain other property uses. The landowner (grantor) voluntarily places an easement on his or her property, while the government agency or qualified conservation organization (grantee) holds it in perpetuity. While the Land Trust Alliance's (LTA) most recent estimate of easement-protected land amounts to nearly 2.6 million acres in 2000, an estimate of forestland protected is nonexistent. Additionally, no empirical studies address forest management on current easements nationwide, although a few studies address forestry at the state- or regional-level. As a result, this survey was designed to address three goals by sampling 1,527 conservation organizations and 63 state government agencies that may hold conservation easements. The first goal estimates total forestland protected. The second goal determines forestry restrictions commonly found in current easements. The third goal ascertains the impact of easements on forest management and timber supply. Survey results show that over 536 conservation organizations and 20 state agencies hold over 16,025 conservation easements on 4.9 million acres of all land types. Of these totals, a minimum of 3,598 easements protect over 2.5 million forestland acres. Forest management restrictions tend to vary based on the protected property's forest resources. The desires of the grantee holding the easement also influence the type and level of forestry restrictions. To date, conservation easement restrictions do not appear to impact timber supply nationally, although local or regional timber supply may be impacted in the future, especially in the Northeast. Several conclusions offer technical insights on forestland protection by conservation easements. First, grantees should complete a baseline forest inventory prior to placing an easement on a forested property. This inventory provides a basis for drafting effective easement provisions and permits future monitoring. Second, grantees should encourage professionally-written forest management plans on every working forest easement. Third, all conservation organizations need to work cooperatively with government agencies in locating potential conservation lands. GIS/GPS technology helps demonstrate the spatial relationship of conservation easements to other government-protected lands, promoting efficient location of properties that augment other protected lands. / Master of Science

Conservation easements are among the fastest growing techniques for protecting land and open space. Conservation easements are legal agreements between a landowner and a conservation organization that limits or restricts entirely the right to develop a property in order to protect important conservation values associated with the property. At the heart of the conservation easement movement is the assumption that easements will protect ecologically important lands in perpetuity. However, there is little evidence that conservation easements can protect land permanently. Very few land trusts have experience in dealing with the myriad of challenges associated with long-term enforcement of conservation easements. This study sought to examine scenic easements acquired for the Blue Ridge Parkway in the 1930's and 40's and to develop an understanding of the challenges faced by the Parkway in attempting to enforce the terms of scenic easements drafted nearly 70 years ago. The scenic easements acquired for the Blue Ridge Parkways represent the first wide spread use of conservation easements in the country. The Parkway's early architects had few examples of easement programs to assist them in acquiring and managing these early forms of conservation easement nor did the NPS have the network of conservation organizations that exists today. This study reviews the process utilized by the Commonwealth of Virginia and the State of North Carolina to acquire scenic easements for the Blue Ridge Parkway and assesses the deeds used to convey the scenic easements from the states to the federal government. Further, this study evaluates and examines the number and types of violations of easement terms experienced by the Parkway and the various factors that may have contributed to violations of scenic easement restrictions and requests to alter/amend easements. This study also evaluates the various strategies used by the National Park Service to exchange and release scenic easements. Finally, this study concludes with a number of recommendations for improving the management of the Parkway's scenic easements and how organizations currently holding conservations can improve the stewardship of easements by incorporating adaptive management principles into their conservation easement stewardship programs. / Master of Urban and Regional Planning