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Easements in Frederick County

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  • Easements in Frederick County

    Volunteers Hope for Easement Approval
    By Hillary Copsey
    The Winchester Star

    Everyone in Frederick County seems to be talking lately about saving rural land.

    A handful of builders, farmers, and landowners want to stop talking and start preserving — or at least educating.

    The group asked county supervisors two weeks ago to consider creating a conservation easement authority, similar to the one Clarke County formed three years ago.

    Supervisors gave the first nods of approval to the potential authority Wednesday. They scheduled a July public hearing for the plan that would allow landowners to exchange rural tracts for tax credits.

    “I really believe this is the better way to go about saving the rural land, rather than taking the development rights,” said James R. “Richie” Wilkins III, a Winchester developer who is spearheading the easement effort.

    After placing a parcel of land in Clarke County in a conservation easement, Wilkins decided to bring the idea to Frederick County. Already, Wilkins has rounded up six willing Frederick residents to serve on the authority — if supervisors form it.

    “I was worried if you just bring up the idea, it wouldn’t go anywhere,” Wilkins said.

    Conservation easements are too good a preservation tool to pass up, Wilkins said.

    People placing land in a conservation easement still can live on and use the land. They also can sell the land — but the conservation easement stays forever.

    Rural land stays rural, monitored by the local conservation easement authority or an agency working with the authority. Locally, the Potomac Conservancy, Virginia Outdoors Foundation, and Piedmont Environmental Council all could help the county protect future easements.

    In exchange for protecting the land from development, owners get a tax break.

    Virginia will give tax credits equal to 50 percent of the land’s appraised value — provided its owner falls in the average tax bracket. Federally, landowners can receive tax credits up to 25 percent of appraised value.

    People have five years to use the credits. And, for those who want cash, not tax breaks, state credits can be sold.

    For some landowners, conservation easements might be more profitable than selling, Wilkins said. Still, the program might not fit all owners’ needs.

    “It’s not going to work for everybody,” Wilkins said. “It’s not our goal to have every tract of land saved.”

    Deciding what land to save would be one of the first tasks of the authority.

    The potential members — Wilkins, Planning Commissioner John Light, orchardists C. Robert Solenberger, Diane Kearns, and Philip B. Glaize Jr., and Winchester Green Circle coordinator Jim Lawrence — have discussed it, but have no formal plans, Wilkins said. The only definite criteria now: Land must be outside the county’s Urban Development Area.

    Everyone talking about saving rural land seems to have the particularly pretty view they dread seeing developed. But the county does not have the cash to purchase development rights and keep all the views pristine.

    “Of course, you can’t help but say, ‘Oh there’s this tract of land...’” Wilkins said.

    Conservation easements might give the county a way to save both views and cash. Tax credits, not county dollars, pay for the easements.

    “It seems like a good idea to do this,” Supervisor Gina A. Forrester said earlier this month.

    Supervisor Barbara E. Van Osten volunteered to serve on the authority if it is formed.
    Last edited by dusty27; 05-29-2004, 10:26 AM.
    Mike "Dusty" Chapman

    Member: CWT, CVBT, NTHP, MOC, KBA, Stonewall Jackson House, Mosby Heritage Foundation

    "I would have posted this on the preservation folder, but nobody reads that!" - Christopher Daley

    The AC was not started with the beginner in mind. - Jim Kindred

  • #2
    Re: Easements in Frederick County

    I believe the article is talking about Frederick County, Virginia, not Maryland. Winchester is the the county seat and Clarke County, Virginia, is next door.




    Gil Tercenio
    Gil Davis Tercenio

    "A man with a rifle is a citizen; a man without one is merely a subject." - the late Mark Horton, Captain of Co G, 28th Ala Inf CSA, a real hero

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    • #3
      Re: Easements in Frederick County

      Gil,

      You are right. Thanks
      Mike "Dusty" Chapman

      Member: CWT, CVBT, NTHP, MOC, KBA, Stonewall Jackson House, Mosby Heritage Foundation

      "I would have posted this on the preservation folder, but nobody reads that!" - Christopher Daley

      The AC was not started with the beginner in mind. - Jim Kindred

      Comment


      • #4
        Re: Easements in Frederick County

        I've had a little bit of experience dealing with a scenic easement at a state historical site. The easement idea is a good one but it is not permanent as the article stated at one point. They are usually for a specific amount of time. The problem we had was that when the easement ran out, the landowner ( a first rate butthole under the best of conditions) wanted an astronomical amount of money to renew it and didn't care about appraisal value etc. He now has a roached out mobile home sitting on the land within plain view of everyone who visits what is otherwise a pristine setting.

        With the easement you may also run into a situation where the original party to the deal dies and the heirs are not too keen on keeping the easement in force when it expires.

        Not saying that easements are not worth trying. They certainly are and can gain time and keep something from development. I just don't think they should be seen as a permanent alternative to ownership.
        Last edited by Michael Comer; 05-31-2004, 10:07 AM. Reason: spelling error
        Michael Comer
        one of the moderator guys

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