Condemning Open Space: Making Way for National Interest Electric Transmission Corridors (or Not)

This memorandum examines the extent to which conservation easements held or co-held by land trusts may be resistant to Section 824p condemnation, by virtue of partnerships with

governmental entities or other mechanisms.

This article explores the issue of condemnation of property protected by a conservation easement. The author explains that easements are compensable property for purposes of the Takings Clause of the Fifth Amendment and thus adequate compensation must be paid by a condemning authority.

While there is no one-size fits-all formula to thwarting the condemnation of conservation lands, this article provides considerations for how to anticipate, thwart or minimize such threats.

Land trusts have no certain legal recourse against condemnation, but that is not to say that there is no recourse. Several land trusts have managed to preserve their easements, or at least to limit losses through negotiation, public outcry and strategic alliances.

The NRCS Easement Acquisition Team is newly launched as part of a partnership with NRCS to provide support for you to access NRCS programs and provide guidance from eligibility criteria to application to parcel contract to project close.

No one-size-fits-all response is appropriate for condemnation threats to conserved land. These practical pointers are distilled from a wide variety of sources experienced with condemnation and are strategic suggestions to consider when a land trust faces condemnation threats.

This guidance covers Practice 11I: Condemnation