22 BIG QUESTIONS about Conservation Easements Asked by a Waterfall

SO...having spent this weekend by a waterfall (see photo JT took ) on "forever wild" land adjacent to a conservation asheville NC area waterfalls at HNFneighborhood our Asheville, N.C. real estate firm is getting to know...

 a number of questions about conservation easements popped up in my mind. . .22 to be exact...and there are probably some I haven't even thought of yet!  But here, as a REALTOR® (and as an interested party) is what I want review . . .

 

  1. What is a conservation easement? 
  2. What is a land trust or land conservancy? 
  3. Why do landowners donate conservation easements?
  4. What are the financial incentives for donating a conservation easement? 
  5. What are the costs of a conservation easement?
  6. How much is a conservation easement worth?
  7. What types of land can be protected by a conservation easement?
  8. Does a Land Conservancy accept all easement offers?
  9. How long does a conservation easement last?
  10. What are some disadvantages of donating a conservation easement?
  11. Will a conservation easement grant public access to the property? 
  12. Who actually owns land protected by conservation easement?
  13. What types of uses are allowed by a conservation easement?
  14. What types of uses are not allowed by a conservation easement? 
  15. Who is responsible for maintenance and liability on a property protected by conservation easement?
  16. Do other organizations accept conservation easements?
  17. Can a conservation easement be donated by will?
  18. Is land protected by conservation easement immune from condemnation?
  19. How long will the easement design process take? 
  20. Is the landowner ever obligated to proceed with a conservation easement?
  21. What does a Land Conservancy gain from accepting a conservation easement?
  22. Does a Land Conservancy charge a fee?

THOSE are the 22 questions....OH! and just one more...
Where to go for the answers?

 

Luckily for the Brokers at our Firm, the eco-developers of this conservation neighborhood are "‘salt-of-the-Earth"  folks.. Having spent many years in placing Land into conservation easements and understand all the in-and-outs of the process. More than that, they are generous in their time and energy. As we made our way to the waterfall (one of many adjacent to the conservation neighborhood) they talked about what it meant to them and how it happened that they placed this large acreage in a conservation easement.

For those ofo you who don't get to spend your weekends by waterfalls...or may be consdiering doing so....They also shared THIS LINK ... where those interested can find the answers .

By the way, landowners interested in learning more about managing their land in the Greater Asheville, NC area can participate in an educational event this summer (2008), when a team of land management experts from federal and state agencies, universities, and the private sector are coordinating efforts to offer the annual Woodland Owner Short Course through the Biltmore Forest School.

Will we see you there?. .or would you rather meet us by the waterfall (I'm smiling)

Copyright © 2008 All Rights Reserved  Asheville ECO Real Estate: Trends, Legacies & The Home Place   Subscribe to Greenolina's  "Green Wheels" BLOG and keep  those creative wheels a turnin'

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TAKE YOUR BEST SHOT
There's a Rainbow of Pure Possibility
in Mountain Homes and Land Legacies in Asheville, North Carolina. 

Rainbow over the Asheville Area Mountains

This professional REALTOR® has an eye for extraordinary value
in Mountain Homes and Land Legacies, green-living communities,
and properties of enduring excellence.
  

" What I want is so simple I almost can't say it: elementary kindness.
Enough to eat, enough to go around.
The possibility that kids might one day grow up to be
neither the destroyers, nor the destroyed."
 
     ~ Barbara Kingsolver

828-776-0773

Our Unsung Partners In Going Green In The Country

Going green in the country is nothing new – country folk have been doing it for centuries.  However, they haven’t done it alone – those of us who live in the country have partners in living the green rural lifestyle, and I thought I’d introduce you to a few of them. 

 

Chickens

 

 

 

Our organic pest control managers are pictured at right.  That’s right, chickens.  Free range chickens on our place most years cut the fly population down to, oh, four or five house flies a year.  And that’s considering that we have horses and cows! (More on them later.)  They run around and take care of the fly larvae before they have a chance to turn into flying menaces. 

 

 

 

 

 

Angel

 

 

 Our cats and dogs are also members of this team.  The dogs keep predator pests such as raccoons and possums away; the cats are on rodent and rabbit patrol and do an excellent job of keeping the place vermin-free.  (The only rats or mice I've seen in a decade are those that the cats bring to me to demonstrate what a good job they're doing to earn their keep.) 

 

 

 

 

Goldfish

 

 

Other members of our organic pest control squad are goldfish.  We keep the watering tanks stocked with goldfish, who not only keep them algae free, but also assure that no mosquito larvae escapes to drink our blood.  Native fish in the creek and pond serve a similar function. 

 

 

 

 

 

Donkeys and Horses

 

Our cows and horses and donkeys are our mowing and fertilization team.  Because of them, we don’t often have to shred the fields, using precious diesel, and they daily produce fertilizer for those same fields.  They are aided by the chickens, of course, when we clean out the coop and use the contents to improve the soil for the vegetable garden.  (Amazing stuff – plants grow twice as large, sometimes, when that fertilizer is used to enhance the soil.  The cows of others also contribute when we have our hay pasture fertilized using soil biology through Sustainable Growth Texas, and we’ve found that weedkilling with chemicals is no longer necessary using soil biology.

 

 

 

 

 

These are just a few of the partners we have in going green in the country. When moving to your place in the country, don't forget your partners!  

 

Another Way To Go GREEN! Recycled Garage Doors!

Manor House Recycled Garage DoorsWhen someone mentions a Green or Recycled Product, many expect to see one that is an Ultra Contemporary Product that lacking pizazz.  However, Green and Recycled can look GORGEOUS!

I met a company in Houston that is a supplier of Garage Doors called Garage Door Services.  Over the conversation the lady mentions that they are GREEN.  What?

Come to find out, the picture to the left is a GREEN Garage Door.  It is a Certified Recycled Productwhich means that atleast 86% of the Door is made of Recycled or Recovered Products.  81% Recovered Wood Fibers and 5% Paper

 

To make them even more GREEN, the doors actually have a decent R Value and NO CFC's!  There is also a number of choices for style, color, etc.  In Houston, the Doors are made Locally which also reduces shipping emissions and also qualifies as a product for LEED Certified Homes.  (shipped less than 500 miles) However, these doors are sold and manufactured Nationwide.

If you are considering a Remodel and wanting to take a step toward Green, how about a Classy, Gorgeous, Green, Recycled Garage Door?

To find a supplier near you, visit the Ankmar website.  If you would like to contact Garage Door Services in Texas or Oklahoma to inquire about their many products available, feel free to visit their website to find a location near you.

Would you like to see some more photos?  Manor House Recycled Door Picture

 

 

 

 

 

 

 

 

 

 

 

All photos are used with permission from Garage Door Services.

 

 

The 411 on CFL's In Your Home

 We have all heard the buzz lately on Compact Fluorescent Light Bulbs, or CFL's, that are supposed to save you money utility bills.  They use less watts to put out the same amount of light.  Well, it occurred to me that not all of us know exactly how to use these, why to use these, and the real deal on the Mercury inside.  So, as you know me, I went to research.

First,  Incandescent Light Bulbs.  The "Normal" Light Bulbs that we have used for years really work off of heat instead of light.  Depending on what report you read the incandescent light bulb is 90-95% Heat and 5-10% Light.  Thus making it a rather inefficient bulb that can heat up your room.  If you are in the Southern part of the United States, that is probably one of the last things you want to do in the Summer.

These new Spiral Bulbs actually have their own Ballast in them.  According to Wikipedia, these bulbs can save up to 2000 times their weight in Greenhouse Gases.  On an equivalent 60 Watt Bulb it will only use 13 Watts thus using an average of 75% less electricity and saving money.  Now, how much will you save?  That is really hard to say because everyone has different household habits, but if you read the package it has a Dollar Amount.  This dollar amount is based on using the bulb for 3 hours per day and usually at .10 per kwh.  If you are in Houston, you probably pay WAY more than that.  There are ways to make sure that you get the most bang for your buck.  That is what I researched.

Here are a few things that you might not know:

  • Use the bulbs in areas where you will have the light on for longer than 15 minutes at a time.  The Restroom, for example, may not be the most effective place to use this type.  Using these bulbs for less than 15 minutes at a time can shorten the life of them making your dollar not go as far.
  • Do not use these bulbs in closed Fixtures such as Flush Mount lights in the Hallway.  No air will get to it and it can shorten the life of the bulb or worst, cause it to get too hot.
  • They make Outdoor CFL's for use at night.  However, if you are in a region where the temperature stays below 41 Degrees for several weeks at a time, you may encounter problems with the bulb.
  • You can not use this bulb if the light is connected to a Dimmer.
  • They do make CFL bulbs now for 3-Way Lamps

With all positives there are negatives.  The negative with these bulbs is that they contain a very small amount of Mercury inside.  As little as 1 teaspoon of Mercury can contaminate Lake forever.  There is a minute amount (appx. 5 mg) of Mercury in these bulbs which means that:

  1. If one breaks, you need to clean it up properly
  2. It is best not to send these bulbs on the Truck to the Landfill

I am going to place Helpful Links at the bottom of this post for more information on both of these topics. 

So, these new funny looking bulbs, all in all are a great product and really can save money on your electric bill.  Just be aware handle them properly. 

Helpful Links for more information on Compact Fluorescent Lightbulbs:

The above Links are my Resources for this post with loads of other information regarding these bulbs.  I changed out several in my house yesterday, 8 to be exact.  I look forward to see how my Electric Bill Drops!

Thank You Maruchan313 on Flickr for the Wonderful Photo of this CFL Bulb!

Landslides. The Steep Slopes and What You Need to Know.

UPDATE: March, 2009

PLEASE KNOW  that all of us at the Eco-Steward Real Estate Firm are Eco Certified® Real Estate  Consultants, and specialize in land carefully and thoughtfully reviewed for eco-friendly development. Also, please know that we consider steep slopes and landslides a potential hazard ( I have personal experience with the result of  flat-lander inexperience in my own neighborhood and decry it)...and that we DO recommend that our clients contact Professionals and bring in a State licensed geotechnical engineer, if necessary ... to look at potential hazards ...  

HERE IN BUNCOMBE COUNTY just this month in fact, we have been having quite a brouhahain terms of Steep Slope development...and landslides ...Fingers have been pointed at Developers, Sellers and at REALTORS® . .. THIS IS ONE Real Estate Firm NOT to be disparaged . Again....in the Eco-Steward Real Estate Firm ALL members are Eco Certified® Real Estate  Consultants, and specialize in land carefully and thoughtfully reviewed for eco-friendly development

I wrote the following post back in 2007....

___________________________________________________________________________

Real Estate Investors and Developers with little experience in terms of steep slopes might want to seek out the assistance of an ECO certified REALTOR® and her team of Experts. Here in Western North Carolina, Landslides are a reality as you can see with this graphic shared at a class we recently took with Richard Wooten at the Warren Wilson College Environmental Leadership Centerjust outside of Asheville.

 

Some landslides only consist of soil, called an earthslide. Some are a mixture of soil, rock trees and mud, called a debris flow. Other landslides contain only rock, called a rockfall or rockslide. In any case, it behooves the REALTOR®, and developer to be conscious of that fact, and so advise clients.  Not long ago a developer from a State where mountains are not so common, bought a huge ridge top where he planned to erect 4000 sq ft homes on 1 AC lots and place them atop the lofty peaks. What the developer didn't know was that this" prime acreage" was unstable.

 The result for the developer was a combination of community concern, private embarrassment, and public back-peddling. Once the community found out that the "flatlander" was planning to build on steep slopes in an area prone to landslides, they were (rightly) distressed. Who wants to live downhill from where a landslide might take you for a fast ride in the middle of the night?  For that matter, who would want to invest in a home under those conditions?  Obviously, the community groups reasoned, that developer must not have a clue as to the dangerous conditions with which he was tampering. Shouldn't he at least have looked at the property to see if there were signs of danger such as breaks in the ground surface and/or curved trees?  (see photo below our photographer took at an acreage soon to go on the market.)

Back to the story....Community members, fueled by their feelings of extreme concern,
 formed vocal groups.
They came in noisy  droves to the commissioners' planning board meetings,
making it necessary for the meetings to be moved to larger and larger rooms.

The media picked up on the story. A few months passed. The developer learned that the community groups had hired an attorney. Having done that, the attorney began his process of discovery. He verified that slope stability analyses from the planning through construction and inspection phases of developments can help mitigate the potential for landslide damage.He also found out that the analyses, best done by the cooperative efforts of qualified geotechnical engineers, geologists and soil scientists, were nowhere to be found.

This lack of due diligence
on the part of interested parties created an opening for the community groups to question the safety of the project. They were able temporarily to halt development pending environmental assessment studies and review of steep slope ordinances.

Soon, in our part of the mountains, landslides and potential landslide areas will be mapped.Then investors, developers and REALTORS® will have readily accessible tools with which to identify and disclose that home sites and homes in those areas are vulnerable to landslide. For all of us, it is a good idea to know certain pertinent facts about the topography and geology of a tract of land that go beyond desirability of location.  

What do you think?

Copyright © 2007 All Rights Reserved  Asheville ECO Real Estate: Trends, Legacies & The Home Place Greenolina

 

####

TAKE YOUR BEST SHOT
There's a Rainbow of Pure Possibility
in Mountain Homes and Land Legacies in Asheville, North Carolina. 

Rainbow over the Asheville Area Mountains

This professional REALTOR® has an eye for extraordinary value
in Mountain Homes and Land Legacies, green-living communities,
and properties of enduring excellence.
  

" What I want is so simple I almost can't say it: elementary kindness.
Enough to eat, enough to go around.
The possibility that kids might one day grow up to be
neither the destroyers, nor the destroyed."
 
     ~ Barbara Kingsolver

828-776-0773