"Then God said, "Let us make man in our image, in our likeness, and let them rule over the fish of the sea and the birds of the air,
over the livestock, over all the earth, and over all the creatures that move along the ground." Genesis 1:26
By L.M. Schwartz, Chairman,
The Virginia Land Rights Coalition
Published in Eco-Logic Powerhouse
Dec. 2003
One of the arguments regularly made by advocates of perpetual conservation easements often leaves opponents confused and silent. The argument is generally along these lines:
"We, too, are strong supporters of private property rights. Conservation easements are one of the most important rights in the landowner's 'bundle of rights,' strengthening and expanding the rights of property owners by adding another option. To deny a property owner the right to enter into a perpetual conservation easement is a serious violation of individual freedom. Placing a conservation easement on land is exercising the ultimate private property right: protecting land forever, for the benefit of future generations. Why would a believer in private property rights want to restrict the individual's right to protect private land?"
Land trusts, much of the legal profession and government officialdom, contend a basic tenet of private property is a landowner's freedom to do what he wants with his property. Mark Rey, Undersecretary of Agriculture for Natural Resources and the Environment, stated, "That should include the right to sell his property or enter into a conservation easement." The argument may seem logical to the uninformed property owner, but a thoughtful examination exposes it as sophistry.
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