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<br />. <br />. <br /> . <br /> .. <br />. , <br />. <br /> 2. <br /> 3. <br /> <br />0012':>4 <br /> <br />011' 'V...'-'l <br /> <br />lIir,hway casemcnts--This kind of casement may be obtained as an <br />alternative to condemning the land in fee title for public purposes. <br /> <br />Vlowar.e eascments--This type conveys the right to flood privately <br />owned land, either temporarily or permanently. <br /> <br />4. Aviation corridor casements, plu~ trajectory and electronic easements. <br /> <br />S. Conservation easemcnts--Thcae include hunting righta, right to enter <br />and manage waters, right of access to lakes, right to insi~that cover <br />and other habitat remain undisturbed (a negative right), right to fiah <br />from private land, etc. <br /> <br />There are many kinds of negative easements too; several examples are: <br /> <br />1. Easement against development--This provides the right to pre'vent <br />developments in flood plains or to protect wetlands from drainage <br />and agricultural use, among others. <br /> <br />" <br />" <br /> <br />" <br /> <br />'. <br />" <br /> <br />2. Clearance easements--These are the so-called obstruction restrictions, <br />including height limits, usually found around airpor'ts. <br /> <br />~ I <br />" <br />:1 <br />'I <br />:1 <br /> <br />3. Scenic easements--These, in effect, are the purchase of views. The <br />terms of the grants vary, but in general the purpose is to prohibit <br />any activity by a landowner which will interfere with scenery. The <br />prohibited activities might include dumping trash, cutting woodlands, <br />erecting billboards, etc. <br /> <br />Often the grant of negative rights is accompanied by an affirmative <br />right of entry to inspect, to trim trees or to remove violating <br />materials or structure.. <br /> <br />'I <br />H <br />I: <br /> <br />Uses of Scenic Easements <br /> <br />The preservation of exten-sive open space through public purchase of scenic <br />easements is relatively new. Public acquisition of casement interests for <br />ril',hLS-of-way and for drainage ways has a long history, but this is not true <br />of open space or scenic easements over extensive areas. <br /> <br />Purchnse of scenic easements requires full exploration of the uses, present <br />and future, of the property to be acquired. Scenic casement acquisition is <br />not satisfactory if facilities or structures are to be placed upon the land, <br />or where .heavy public use will occur. However, some inholdings, both inside <br />and near 'park boundnries, may be covered by scenic casements so that their <br />use confotins to the overall objectives of the park area. Some of the most <br />successful scenic casement programs in this country preserve scenic areas <br />along highways. In such instances the right of public access is not required <br />or o,btained. <br /> <br />3 <br /> <br />\ <br />