Standard 11: Conservation Agreement Stewardship
The land trust has a program of responsible stewardship for its conservation agreements.
Background
A land trust that accepts and holds conservation agreements commits itself to their annual stewardship in perpetuity, to enforcement of their terms, and to building positive landowner and community relationships to support the land trust’s conservation programs and enforcement actions. A land trust that fails to do so may eventually lose its credibility, could cause its conservation agreement program to be invalidated, may erode public confidence in conservation agreements, and ultimately risk the protection of the land. Not all land trusts have the capacity to hold conservation agreements in perpetuity and may achieve their conservation goals through partnerships with other organizations, fee ownership or other conservation methods. These practices will help ensure that the important conservation values protected by conservation agreements are sustained over time.
Relevant Law
- Society Act, RSBC 1996, c. 433, s. 27.
- Canada Corporations Act, RSC 1970, c. C-32.
- Income Tax Act, SC 1985, c. I, s. 149.1 (6.3);
see also Canada Revenue Agency policy interpretations at
- Expropriation Act, RSBC 1996, c. 125.
- Expropriation Act, SC 1996, c. E-21.
- Property Law Act, RSBC 1996, c. 377, s. 35.
- Land Title Act, RSBC 1996, c. 250, s. 218-223.
- Employment Standards Act, RSBC 1996, c. 113.
- Workers Compensation Act, RSBC 1996, c. 492.
- Human Rights Code, RSBC 1996, c. 210.
- Canada Pension Plan, c. C-8.
- Employment Insurance Act, SC 1996, c. 23.
- Society Act, RSBC 1996, c. 433.
- Canada Corporations Act, RSC 1970, c. C-32.
PRACTICE
J. Expropriation
The land trust is aware of the potential for expropriation, understands its rights and obligations under expropriation, and has appropriate documentation of the important conservation values and of the percentage of the full value of the property represented by the conservation agreement. The land trust works diligently to prevent a net loss of conservation values.
Background
Conservation agreements may be subject to acts of expropriation. In these instances, a land trust should be prepared for the expropriation action, including having the percent of value data for the interests being condemned. A land trust should evaluate the impact of the expropriation action on the conservation values and, to the extent possible, work with the expropriating authority to craft remedies that reduce these impacts or allow for additional conservation action.
Assessment Questions
CLTA Assessment Questions
- Does the land trust have data on the percentage of the full value of the property represented by the conservation agreement for every conservation agreement it holds?
