WSPC03623 - Laserfiche WebLink

Home Browse Search

.' 001222 :2 t.4 ., - 't" r >" TilE USE OF SCI-:NJr. EASI.:MENTS by 1I11rrison Loesch, Assist:mt Secretllry of the Department or the Inter'ior Washington, D. C" U. S. A. for the Committee on Challenr,es to Modern Society, Regional Planning and Development Project, Paris, France, , September 10, 1971 Introduction During the past decade land values have been soaring in practically all parts of the United States. At the Same time, lands are being intensively used or developed where only a few years ago little or no utilization was under serious consideration. These development pressures and associated increased procurement costs, coupled with sizeable acquisi don programs for recreational, conservation and scenic preservation, have generated increased local concern over removal of lands from tax rolls. Such actions place a heavy tax burden on the remaining landowners in the area. In an effort to (1) reduce overall acquisition costs, (2) prevent scenically nonconforming or objectior,able types of development, and (3) retain lands on tax rolls where full ownership by a local, State or Federal govern- mental agency is not a necessity, planners and legislators increasingly in recent years have urged the use of scenic easements. In proper circum- stances, such a compromise may be mutually beneficial to the acquiring governmental agency, the landowner, and the local community. The scenic easement, however, is only one of a number of less-than-fee-title devices available to the administr'ator to obtain rights in property, A key selling point for all such devices is the flexibility which mav be achieved' by si~ply v3"Ying their terms to fit the special requirements of the govern- ~en:al agency and the lando~~er in question. Obviously, the freedom to taiLor the contr'act helps insur'e receptivity by landowners and results in much wider participation. However, flexibility and resulting diversity may make administration and management costly and difficult. Examples of some of the standard less-than-fee-title devices most often used arc: : I. Saleback--The full fee simple title is purchased or condemned, and then the land is resold by a quitclaim deed. The deed reserves those interests desired, such as the retention of woodlands, absence or billboards, etc, 2, k:\seh;\ck--The full title is purchased or condemned: and then the land is leased, usually for a long t"rm, consistent with the use desired. The leMe is subject to the desired ,testrictions. .