Easements

A bale if hay is rolled up in an expansive agricultural landscape.

Conservation Easement Program Protects 100,000 Acres of Agricultural Land in New York State

A state famous for its largest city is making a concerted effort to protect agricultural lands as part of a larger national push.

May 9, 2023 - Governor Kathy Hochul

A sign reads “State Fishery Area Public Easement Open to Fishing.” In the background is a stream surrounded by snow on the ground in a natural setting.

What Is an Easement?

There are limits to the rights and powers associated with land ownership. Easements are a critical example of how property rights can be balanced with the needs of neighbors, the public, and other interests external to the control of property owners.

April 17, 2023 - James Brasuell

East Bay Regional Park District

Trails and Rails Battle in San Francisco Bay Shoreline Park

Can freight trains and a scenic shoreline park along San Francisco Bay coexist, or are they incompatible uses? The East Bay Regional Park District voted to remove old rail tracks that BNSF Railway wants to reactivate. A local court may decide.

April 16, 2019 - San Francisco Chronicle

Pig Farm

When Pennsylvania's 'Right to Farm' Means Living With the Pigs Next Door

New residents to formerly agricultural area are trying to shut down a hog-feeding operation, but so far without much success.

June 25, 2018 - WHYY

Boise, Idaho

Farmland Preservation a Hot Topic in Idaho's Most Populous County

As the city of Boise and surrounding communities in Ada County, Idaho continue to grow and sprawl outward, agricultural land in the county may become a thing of the past.

January 4, 2017 - Boise Weekly

Dept. Store Blocks Use of Easement to Stifle Competition

A Sears Shopping Center in Lincoln Park, Michigan has found a novel way to kill their competitor - close the easement the developer is using to access the property.

October 18, 2011 - The News-Herald

Preserving Land For Future Generations

An easement often grants a third party, mainly a utility company, limited rights to properties not belonging to them. In North Fork, Colorado, conservation easements do the opposite by preserving the "heaven here on earth," says Kathy Browning.

October 6, 2011 - Delta County Independent

Owner of Valuable Railroad Easement is a Mystery

16 overgrown acres of land hide a long-unused railroad easement in Muskegee -- so long unused that no one knows who owns it. Muskegee Development wants it.

October 18, 2010 - The Muskegee Phoenix

An Ursine Easement

A forest management company in Northern Idaho has set aside a 647-acre grizzly bear habitat. Part of the deal is that the company will not log while the grizzlies are in the house.

June 11, 2010 - Bonners Ferry Herald

Conservation Easements on the Rise

This piece from Miller-McCune looks at the conservation easement and explains how the legal device is being used to protect land and prevent sprawl.

January 22, 2010 - Miller-McCune

Easements Gone Wrong

When a nonprofit conservancy dissolves, their land trusts go into limbo, calling the restrictions on development into question.

December 21, 2009 - High Country News

The Shifting Tide of Public and Private Space

In Malibu, CA, private property extends to the high tide waterline, where public land begins. An unofficial group of "urban rangers" is giving tours and dance performances along that line to explore the absurdity.

August 17, 2009 - The Los Angeles Times

Turning Unbuilt Project Sites Into Open Space

DeLuca Homes planned to build condos in Bucks County, PA- until the bottom fell out of the market. Now they're one of many developers cutting deals with governments to create open space.

January 28, 2009 - Center for Public Integrity

Beach Access Blocked By Homeowners

A $5 million project on Long Beach Island to restore the eroding beachfront is stymied by homeowners who don't want to allow easements through their property.

July 17, 2008 - NJ.com

Airport Easements Cause Uproar

A new airport overlay district in Sioux Falls, South Dakota has nearby homeowners crying 'taking!' Airport officials say, 'All we're trying to do is make sure we have good neighbors.'

June 24, 2008 - The Argus Leader

Easements in the Spotlight, As Colorado Forests Go Residential

As logging declines in Colorado forests, developers are preparing to build in pockets wedged in-between parkland. The proper use of historic easements is at the center of the debate.

June 9, 2008 - High Country News

Reinventing Conservation Easements

In recent decades conservation easements—promises to restrict land development—have become enormously popular, but now they are in trouble.

January 20, 2006 - Lincoln Institute of Land Policy

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