Landowner Easement Rights Act
The Landowner Easement Rights Act would (1) prohibit the Secretary of the Interior from entering into any new conservation easements with a term longer than 30 years, and (2) create a process to renegotiate certain older easements at the landowner’s request. Specifically, for “eligible conservation easements” (those in effect for more than 30 years or those created before 1977 without an official map), the Secretary would, within six months of a landowner request, provide a map and the current fair market value (FMV) of the easement and offer one of two options: (a) renegotiate to a term not longer than 30 years and compensate the landowner with an amount equal to the FMV minus the Secretary’s prior payments (adjusted for inflation), or (b) allow the landowner to buy back the easement (or a portion) at FMV determined by the Secretary. The bill also requires advance notice to landowners before their easement becomes eligible for renegotiation. It defines conservation easements narrowly (excluding agreements with Indian Tribes and those related to utilities) and clarifies what counts as an eligible easement.
Key Points
- 1Prohibition on new long-term easements: After enactment, no conservation easement may have a term longer than 30 years.
- 2Renegotiation at landowner request: For eligible easements, landowners can request renegotiation to a maximum 30-year term with a payment from the Secretary equal to FMV minus what the Secretary has already paid (inflation-adjusted), or buy back the easement at FMV.
- 3Required information and timelines: Within six months of a request, the Secretary must provide a detailed map of the easement and the current FMV.
- 4Notice to landowners: Landowners must be informed of their right to request renegotiation at specified times before their easement becomes eligible.
- 5Definitions and scope: Defines “conservation easement,” excludes tribal and utility-related agreements, and defines “eligible conservation easement” as certain older or pre-map easements.