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..."r. .-....- . ~ '. . . , '1'P ??7 00 \.,,'1,..0"1- ,. I receive cnCOUT,1f,ement from taxing authorities, This takes the form of reduccd tax base on property and in the form of the allowance of tax deductions in instances where scenic casements are donated to a public af,ency. Property owners may find it to their advantage and of mutual protection if they join in placing of restrictions on their properties to preserve the scenic character of the neighborhoods in which they live.' Landowner Reccptivlty--Taking private lands for public purposes invariably brings protests from affected landowners. The scenic ease- ment provides an effective compromise in many cases. Landowners retain the land and may utIlize it in ways compatible with the easement restric- tions, Many owners feel this compromIse is better than selling full title to their property, On the other hand, some landowners take the position that governmental agencies should acquire their lands outright, paying them full value, or leave them alone entirely. Problems Involving Easements r I, Balanced against the advantages of the scenic easement are several draw- backs. These vary in significance. Many have been encountered in the application and management of scenic easement prograIDs. t: Easement Enforcement--Perhaps the most important of these problems relates to the enforcemcnt of the restriction provisions of the easement. Because the owner remains in possession of the property and continues to exercise most of the privileges of ownership, he tends to feel that he is entitled to do as he wishes with the land. This attitude becomes further compli- cated as lands change hands and the new owner tends to forget that a given parcel is burdened with a scenic easement. Development of this potential problem can be partially avoided by the maintenance of a vigorous inspec- tion prog['am and through a continuous educational campaign focusing on the landowners as well as the community. Aopraisal of Easements--Another problem encountered in the use of scenic easements is related to the determination of the value of the rights conveyed. All too often, the value of an easement has been determined by what the lando\,~er is willing to accept for the conveyed rights rather than by a systematic evaluation of the rights included in the eaS2ment arid their subsequent effect on the property value. This has resulted in extremely divergent values for easements granted by adjacent lando\;ners for similar properties. This problem is alleviated by the improvement of appraisal, techniques used in the acquisition of scenic casements. These prob lems, although some of the major ones encountered, are not the only ones associated with scenic casements. Most problems, however, evolve from thl! lack of understandinp, of the scenic easement concept by both the landowner and the governmental agencies administerIng and implementing such a prO!lram. As greater experience is gained and the use of scenic casements is increased, these problems are expected to dwindle. 6 \