Vol. 28, No. 5 #1 (October 2005). Conservation Easements in Wyoming.

• Author: By C. Timothy Lindstrom

Wyoming Bar Journal

2005.

Vol. 28, No. 5 #1 (October 2005).

Conservation Easements in Wyoming

WYOMING LAWYEROctober 2005/Vol. XXVIII, No. 5Conservation Easements in WyomingBy C. Timothy Lindstrom

In February the Wyoming Legislature enacted the Wyoming Uniform Conservation Easement Act (Wy. Stat. 34-1-201 through 207, the "Act"). The Act simplifies the conveyance of conservation easements in Wyoming by eliminating the need to follow common law rules. Prior to the Act landowners conveying a conservation easement were often required to convey a small parcel in fee to which the easement became appurtenant, thereby making it an enforceable interest under common law. Conservation easements are private contracts between a landowner and a conservation organization or government agency (such organizations or agencies are referred to as the "holder" of the easement) providing for the conservation of land. The terms of the contract are up to the landowner and the prospective easement holder. The Act defines a conservation easement in the following terms:

"'Conservation easement' means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archeological or cultural aspects of real property." Wy. Stat. 34-1-201(b)(1).

The Act does not impose any particular requirements for conservation easements, although it is probably wise to reference the Act in drafting a conservation easement. For example:

"This conveyance is made pursuant to the provisions of the Wyoming Uniform Conservation Easement Act, 34-1-2-1 through 34-1-207 of the Statutes of Wyoming, and the conservation easement hereby conveyed is intended by the parties hereto to be a 'conservation easement,' as defined by, and for all purposes within the meaning of, said statute."

Conservation easements are frequently held by land trusts. Land trusts are non-profit corporations qualified as public charities under 501(c)(3) of the Internal Revenue Code (the "Code"). There are three land trusts that operate exclusively in...