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. .. . 0028;14 . .., -5- conneotion with the rights involved here .for several reasons. The term can oorrectly be applied to only one of the three alternatives above. There is always the danger that common law rules of interpretation will be applied, particularly in any situation involving hardship, or perhaps mere vagueness. These rights should therefore be referred to by some other term, as "conservation rights and interests" or "statutory rights and interests, as herein defined." Rights and interests are not only legally correct descriptions .for all three alternatives, but they are neutral terms without any special technical implications. In choosing the name, consideration should be given to the effect on standard provis- ions in real estate contracts which refer tr rights and interests of various kinds. Specific prov1s1on should be made to disclaim the more important and troublesome rules deriving from common law easement dootrine. It should be explicitly provided that none of the rights involved are to be automati- cally extinguished without oompensation, and the rights should be made tranSferable, both between private parties and between different levels of government. Separate provision should be made for release of publicly held rights, or in proper circumstances for their transfer between public agencies involving a probable change in land use. The prooedure should be designed to require full consideration of the planning elements inv~lved and should make release possible but not easy. If the land is to be transferred to another government agency, particularly for a change in land use, that agency should be required to pay for or pro- vide equivalent open space elsewhere. Tho statute should require that the division of rights be rooorded in order to bind subsequont purchasers of the privately ~wned rights. Provision should be made for modifying tax assessments to reflect present and oontinuing non-intensive land use. Tho enabling law should tie development of such recreational areas into overall planning. Federal and State financial aids Should be available for such local programs and should be conditioned upon the existence of a genuine planning procoss. Reference: ORRRC Study Report 16 "Land Acquisition for Outdoor Recreation Analysis of Selected Legal Problems" Report by Norman J .vlilliams, Jr.