Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, November 1, 1994 TAG: 9411010092
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: RAY REED
DATELINE: LENGTH: Medium
J.A., Penhook
A: Theoretically, yes, such easements can be broken by the right of eminent domain. It's difficult, though.
The agencies and groups that defend conservation easements have more clout than the average landowner.
A new road, for example, still might go through if the land in question were the only route to public safety.
Conservation easements protect the land's natural or open-space values, or historic aspects. These easements are strong legally because they're granted as a public trust.
The usual conservation easement is an agreement by the landowner to restrict development of the property, while retaining private ownership.
The easement, and the right to enforce it, usually are given to a government agency or tax-exempt charity that focuses on open-space protection.
Two state agencies that accept these easements are the Virginia Outdoors Foundation and the Department of Historic Resources.
The right of eminent domain still exists when a conservation easement is granted. A public body can assert its need to take land for, say, a highway or power line. (State Code 10.1-1010, paragraph F.)
It's harder for the state Department of Transportation or a power company to win a claim of eminent domain, though, when a conservation easement is defended by a state agency or charitable organization.
The agency may be part of the state government and on equal footing with the Transportation Department, for example. When this happens, the agencies negotiate.
A private owner can simply be taken to court, where the only real issue in question is the amount of compensation the owner gets.
Lots of times, the public body just looks for another route for its road or power line, according to information provided by Robert Carter of the Department of Historic Resources.
A conservation easement can be changed or terminated the same way as any other easement, provided someone with an interest in the site-an heir or future owner, for example-succeeds in getting a court order.
Starlit nights
Q: I've noticed many beautiful, clear nights the past several weeks when there were more stars than I've seen in years. Is pollution clearing up?
G.G., Abingdon
A: Fall usually brings a lot of clear days and nights, and we've had a bunch this year as many weather fronts passed through. Whether wet or dry, the fronts clear the air for a day or so.
A good northwesterly flow has prevailed, moving so fast it didn't pick up pollution from Ohio and Kentucky, the National Weather Service said.
Got a question about something that might affect other people, too? Something you've come across and wondered about? Give us a call at 981-3118. Maybe we can find the answer.
by CNB