Update – House Reading HB 1488 Tomorrow. CALL and EMAIL!
They read HB 1488 in the House of Delegates today and tomorrow will be the second reading. The vote is after that.
CALL Your Delegates! Tell them to vote YES for property rights and YES for HB 1488!!
We need you to call and/or email the committee members and ask them to pass HB 1488 for COnservation Easement dispute resolution.
Show your support for HB 1488 by attending the Committee Hearing in Richmond, VA. Go strong on property rights and give testimony in support of HB1488!
End Abuse of the PEC and Land Trusts! Stand up for Property Rights!
the mediation by the Virginia Land Conservation Foundation of disputes over conservation easement interpretation or administration.
§ 10.1-1021.2. Additional powers of the Foundation; requests for conservation easement dispute mediation.
Any private owner of the fee interest in land that is subject to a perpetual conservation easement pursuant to Chapter 10.1 (§ 10.1-1009 et seq.), any holder of such an easement, or any holder of a third-party right of enforcement may request, pursuant to guidelines adopted by the Foundation, that the Foundation mediate and issue a recommendation to resolve a dispute that is not part of a dispute already in litigation and arises out of or relates to the interpretation or administration of a conservation easement made or entered into pursuant to Chapter 10.1 (§ 10.1-1009 et seq.).
HB 1488 Conservation easements; tax benefits, disputes over terms.
Conservation easements; tax benefits; disputes over terms. Prohibits the owner of a fee interest in land that is subject to a conservation easement accepted on or after July 1, 2016, from receiving certain tax benefits or tax credits if the easement is co-held, contains a third-party right of enforcement, or omits notice of the holder’s enforcement guidelines. The bill also requires the holder’s enforcement guidelines, if the fee owner is to receive the tax benefits, to define “agriculture” to include small-scale family farming practices. The bill removes from the list of parties that have legal standing to bring an action affecting a conservation easement the Virginia Historic Landmarks Board, a person with a third-party right of enforcement, the local government, and any other agency or person with standing under other laws. The bill authorizes the Virginia Outdoors Foundation (VOF) to issue decisions on disputes over the interpretation of easement instruments where those disputes are not already in litigation. The bill requires the Foundation, in deciding such cases, to follow the Administrative Process Act, except that it is required to construe ambiguous easement terms in favor of the landowner and to construe “agriculture” to include small-scale family farming practices. The bill also requires the Department of Conservation and Recreation to report, without identifying them, individual easement donations and requires the Joint Legislative Audit and Review Commission to conduct an annual public hearing to assess whether private holders of conservation easements comply with best practices.