Conservation Easements and the Law
CONSERVATION EASEMENTS The subdivision of land is subject to municipal regulations. Conservation easements control the use of land by prohibiting development that would alter its natural terrain or habitat. Permitted activities include passive recreation: hiking, parks, and playgrounds. The Courts have said that there must be an “essential nexus” between a “legitimate state interest” and the mandated easement; including a reasonable relationship between the dedication of land and the impact to the proposed development. .
Meet with Local Officials
Meeting with the Town Planner can assist in ascertaining the attitudes of the local officials