The
Private Landowner Contributing to Sustainable Development
The
natural beauty of Costa Rica is admired throughout the world.
And for this reason, Costa Ricans have for decades been working
to consolidate a system of protected areas that now occupies almost
24% of the national territory. Many of these lands are state property,
or rather, of all Costa Ricans. However, the great majority of
the lands needed for the sustainable development of Costa Rica
are private property.
Therefore, it is very important to offer private landowners flexible
legal instruments that can help them both develop as well as conserve
their lands. To meet this need, since 1992 a new legal mechanism
known as the conservation easement is being used in Costa Rica.
Conservation easements are very attractive to land owners because
of their versatility and the fact that their constitution is voluntary.
What are Conservation
Easements?
Conservation easements are legal agreements
through which landowners voluntarily limit the use of their lands
with the goal of protecting their natural attributes.
What are their Most
Important Characteristics?
* Voluntary: Conservation easements
are private contracts where the landowner decides whether he wants
to limit the use of his lands or not. Therefore, they are only
established when landowners want them.
* Flexible: Conservation easements can be used to satisfy the
diverse desires o that the land owners might have. For example,
the owner of a property on which a conservation easement is established
might agree to not cut trees on his property, but allow the construction
of a house, the creation of a trail, etc.
How is a Conservation
Easement Created?
A conservation easement is a contract
that should be inscribed in the public registry so that it can
be more easily enforced. For this reason, it should be created
by a public deed that can be signed by any notary public.
Who can Create
Them?
The laws of Costa Rica provide that
two properties are required for the creation of a conservation
easement: a) a property that accepts restrictions on its use
and b) another property that is benefited by the restrictions.
For example, in the case of Monteverde, land use restrictions
are imposed on the property of TNC, while these restrictions
benefit the property of TSC (The Monteverde Reserve). Thus a
conservation easement can be established if the owners of both
the restricted and the benefited properties voluntarily agree
to do so.
How Long do they
Last?
If the owners of the property so
desire, conservation easements can be established for a determined
period of time. However, if the contract that creates the easement
does not state that it is for a determined period of time, the
easement is perpetual. This can be very attractive to landowners,
as they can be assured that the forest that they are now trying
to protect will remain protected forever.
What are the Obligations and Responsibilities of the Owners
of Lands with Conservation Easements?
The establishment of a conservation easement does not affect
the ownership of land; and the owners who create the easement
continue to own their respective properties until they decide,
if ever, that they want to sell. The obligations and responsibilities
of these landowners are those that were established in the contract
that established the conservation easement.
Basically, the
obligations of the owner of the property on which restrictions
were placed has the obligation to comply with these restrictions,
while the owner of the land that is benefited by the easement
has the obligation to make sure that the obligations are being
complied with.
Therefore, it is recommended that the contract that creates
the easement establish how compliance with the easement shall
be established, such as by periodic visits, aerial photos, etc.
What are the Benefits
of Creating a Conservation Easement?
Definitely, the principal benefit
of establishing a conservation easement is to guarantee the
protection of natural resources on private lands and thereby
contribute to the sustainable development of the country. This
helps to maintain clean air and water, prevent soil erosion,
maintain habitat for wildlife and provide many other benefits
as well. In addition, in some cases the establishment of conservation
easements have raised the value of the limited property or of
nearby parcels.
Further, several landowners have established conservation easements
and at the same time are complying with the requirements for
recognition of their property as Private National Wildlife Refuges.
In this way they can enjoy benefits s uch as exemption from property
taxes. Others are interested in receiving economic incentives
that the National System of Conservation Areas of the Ministry
of the Environment and Energy are offering for environmental
services provided by their land.
How can a Conservation
Easement be Terminated?
Conservation easements can be terminated
in the same way that they are established: the owners of the
restricted and benefited properties voluntarily agree to terminate
the easement, and then contact a notary public to sign the agreement
and present it to the public registry. Of course, this would
only be necessary if the conservation easement were not for
a limited period of time that had already passed.
Where can more
Information about Conservation Easements be Obtained?
The Environmental and Natural Resources
Law Center (CEDARENA) and the Association for the Conservation
and Management of Tropical Forests (COMBOS) are developing the
Central American Conservation Easement Initiative. This initiative
is undertaking legal research in the seven countries of Central
America and is helping landowners establish conservation easements
in Costa Rica. For more information about this project or about
conservation easements in general, please visit the CEDARENA
website or call (506) 2283-7080 . Fax (506) 2224-1426. You
may, of course, also contact us for
more info.
