By Cole Sündermann
Urbanization is increasing rapidly. According to the World Bank Group, the urban population in the world is likely to double its current size by 2050. While urban growth can boost the economy and create more jobs, it can also lead to the deterioration of the natural environment. This has led many groups and activists to find unique ways to control this growth.
One form this takes is conservation easements. A conservation easement is a legal agreement where a landowner puts restrictions on the use of their own property. Restrictions can involve preventing any more building construction on the property, disallowing commercial use, or only using the land for specific agricultural purposes. If a landowner wants a conservation easement on their property, they have to work with a governmental entity or a land trust to draft the restrictions.
What exactly is a land trust? A land trust is a nonprofit organization dedicated to preserving land with valuable resources such as waterways, native plants and trees, and wildlife. While there are many environmental benefits to a conservation easement, you may be wondering why a landowner would voluntarily place restrictions on the use of their own property. Well, the Internal Revenue Code (IRC) provides significant tax incentives to landowners who place a conservation easement on their property. Due to the complex tax and real estate issues that can arise from conservation easements, many lawyers find careers at land trusts to advise the organization on how best to approach the property in question.
If this work sounds interesting, you don’t have to look too far to find one of the largest land trusts in the country and the largest in Ohio. Western Reserve Land Conservancy is located in Moreland Hills, Ohio, and I had the privilege to work closely with their legal team as an intern this summer. During my time there, I researched several issues including how to create a charitable trust, how “open space” in the IRC has been interpreted, and when “housing of last resort” is applied.
While the lawyers mainly deal with real estate issues, the nature of advising a land trust can create unique legal problems. For example, I was fascinated to learn that the legal team had to also understand landlord-tenant disputes as they may arise from when the land trust acquires land. As in-house counsel, the legal team needs to be equipped to have at least a baseline understanding of many legal areas. Being in-house counsel also has the benefit of only worrying about one client (in this case, the land trust). To best understand and represent the organization, members of the legal team regularly sit in on meetings with field workers and management teams to understand where every potential property acquisition is at and give advice where appropriate to make sure the process is undertaken legally and responsibly.
As an organization, Western Reserve has fostered a passionate and professional group of people who love what they do. As an intern, I was surprised to learn how many employees had been there for decades but were just as excited about their work as someone who was brand new. Western Reserve often holds events for employees to engage in seminars and also have fun through staff bonding experiences.
Aside from conservation easements, Western Reserve also “re-greens” townships by revitalizing parks and planting new trees. As someone who is from out of state, I was shocked to find how much natural beauty Ohio has to offer. That is why Western Reserve’s conservation efforts are so important. Without their work, many of the natural areas in our state would be developed and lost forever.
If you are interested in conservation, I strongly recommend reaching out to Western Reserve Land Conservancy regarding their internship or volunteer opportunities. It’s truly a life-changing experience!
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