A. Negative Easements -- Negative easements, also known as servitudes, do not bestow upon the owner of the dominant tract the right to travel physically upon the servient tract, which is the feature common to all affirmative easements, but only the legal right to object to a use of the servient tract by its owner inconsistent with the terms of the easement. In this sense, negative easements have been described as consisting solely of ‘a veto power. United States v. Blackman, 270 Va. 68, 76, 613 S.E.2d 442, 446 (2005) cited in Ephrata Area School Dist. v. County of Lancaster, 886 A.2d 1169, 204 Ed. Law Rep. 323 ,(2005) Allocator Granted
1. Agricultural Preservation Easement
a. Municipal authorities do not need to obtain prior approval under the Agricultural Area Security Law (Act) by the Agricultural Lands Condemnation Approval before exercising eminent domain in an agricultural security district.
2. Open Space Preservation Easement
(c) James S.Tupitza 2010
a. conservation easement is a negative easement in gross
b. “entities which may acquire and use a right-of-way despite the existence of an open space easement are those, such as school districts, which enjoy the power of eminent domain.” Ephrata Area School Dist. v. County of Lancaster, 886 A.2d 1169, 204 Ed. Law Rep. 323 ,(2005) Allocator Granted