Twin Cities Metro Habitat Protection Program Application

Please read each of the following statements.

I understand that:

• A conservation easement will place permanent restrictions on the land to benefit long-term conservation, and I may sell or transfer my property to any person or entity, but these restrictions will permanently encumber the land.
• Certain information regarding completed conservation easements and this application will be considered public information, as public funds are being used.
• I am not legally committed to the easement until I sign a purchase agreement or option for the purchase of the conservation easement.
• The Minnesota Land Trust (“Land Trust”) is not legally committed to the easement until both parties agree to and close on an easement. The Land Trust may withdraw at any time for any reason prior to signing the final document without legal recourse by the applicants.
• The Land Trust will determine a habitat value score based on ecological mapping information from the property, from information I provide in this application, and from a site visit. I will accept the score as determined.
• Payment for a conservation easement is contingent on funding from the sources listed in the program brochure and approval of the conservation easement by the Board of Directors of the Land Trust.
• The prioritization given to a property is determined by ecological factors and cost considerations, and projects with the highest prioritization ratings will be selected first, and so on, until all funds have been assigned.
• The Land Trust cannot compensate landowners for more than the full appraised value of the conservation easement.
• The Land Trust requires buffers along all wetlands, intermittent and perennial streams, rivers, and lakes consisting of natural vegetation. If the property does not currently meet the requirements of the buffers and the application is accepted, I understand that the Land Trust will require restoration of the required buffer areas to have been initiated prior to closing.
• Up to 20% of the property included in the easement area may be kept for agricultural use (e.g. row crops, tree farms, orchards). This land will not be eligible for payment due to the wildlife habitat purpose of the funding, but it may have the potential to be considered a charitable contribution for tax purposes.
• Most projects will include the development of a Habitat Management Plan.
• The Land Trust will help guide landowners through the process of the conservation easement project, but it cannot provide any legal or tax advice. Landowners are encouraged to obtain legal advice. The cost of retaining an attorney or other advisors are the landowner’s expense.
• I will need to have good and marketable title to the land and any objectionable title defects will need to be corrected at my expense, and any mortgage or line of credit will need to be subordinated to the Conservation Easement at the closing.
• The property must meet the minimum criteria outlined in this Metro Habitat Program brochure for this application to be eligible.
• Any payment I receive for a conservation easement may have tax consequences. If I donate the Conservation Easement or a portion of it, the donation may be considered a charitable contribution for tax purposes.