Document / Legal Opinion

Cardinal Land Conservancy v. United States Dep’t of Agriculture, No. 1:18-cv-00534 (U.S.D.A. National Appeals Division July 1, 2022)

Posted 2022
About This Legal Opinion
  • In July 2022, the Director of the National Appeals Division issued a determination upholding the Administrative Judge’s decision that, based on substantial evidence, the flowage easements are consistent with agriculture and not a title encumbrance inconsistent with the requirements of the ACEP-ALE program.

    • State: Ohio

    • Procedural Status: Case active.

    • Date: 2022

    • Keywords: Administrative Procedure Act; agricultural conservation easement; Agricultural Conservation Easement Program; dam; federal conservation easement; flood control; flowage easement; public conservation easement; title; United States Army Corps of Engineers.

Disclaimer

These resources are provided "as is" for informational purposes only, without warranty of any kind. They do not constitute legal or professional advice and do not create an attorney-client relationship. They may not reflect current legal developments and should be adapted for your organization with qualified professional help. The Alliance is not liable for any damages arising from use of or reliance on these resources. Views in individual posts and third-party links/logos are not Alliance endorsements. The Alliance is committed to equal opportunity and does not condone unlawful discrimination.

For accreditation-related materials, please also consult the Land Trust Accreditation Commission website.