Conservation Easements
A landowner has a bundle of rights to use and modify the property that they own. A conservation easement is a legal agreement between a landowner and a conservation organization, agency, or municipality that extinguishes some of these rights (typically the “development rights”). Most often, a conservation easement is granted in perpetuity and therefore the development rights are extinguished forever, preserving the land as open space. The easement conveyed through a deed, applies to the land regardless of who may own it in the future.
Land under easement is still privately owned and managed in accordance with the terms of the easement (some publicly owned lands also have easements held by another entity). Each easement is crafted to fit the features of the property to be protected, the needs of the landowners, and the goals of the entity accepting the easement. Easements don’t always require public access; although often landowners allow this access, and some grant sources require public access as part of funding a conservation easement project.
A landowner who conveys a conservation easement is the grantor and the recipient organization is the grantee. The holder (grantee) of a conservation easement is responsible for the annual monitoring, to ensure that the provisions of the conservation easement are being upheld. In some transactions, another organization is given “back-up” or executory interest in the easement in case the grantee is unable to carry out its easement responsibilities.
The Conservation Commissions conducts annual monitoring of the town-held conservation easements to ensure that the provisions of the easement deed are upheld and to maintain a collaborative relationship with the landowners. As Executive Interest holder of some easements listed below, the Conservation Commission receives copies of the annual monitoring reports from the respective easement holders.
The Town of Newmarket holds Conservation Easements on the following properties:
- Bald Hill Reservation (SELT is the landowner)
- Hilton (private landowner)
- Nostrom (private landowner)
- Piscassic Greenway – Gaziano Tract (SELT is the landowner)
- Schneer (private landowner)
- Silverman (private landowner)
- Smith Sisters (NH Audubon is the landowner)
The Town of Newmarket holds an Executory Interest on the following properties:
- Clark Farm – SELT holds the Conservation Easement
- Dodds - SELT holds the Conservation Easement
- Piscassic Greenway Tucker Tract – SELT is the landowner
- Richmond - SELT holds the Conservation Easment