Private Lands Conservation Program

Guided by the Greater Forest Park Conservation Initiative (GFPCI), the Forest Park Conservancy maintains trails, restores native habitat, and inspires community appreciation and future stewardship for generations to come.

The GFPCI encompasses 15,000 acres of land. A key objective of the GFPCI’s 5-year Strategic Action Plan (2018) is the protection of key habitats in the GFPCI ecosystem through conservation easements and fee title acquisition.

In the context of the GFPCI goals, and considering the organization already is the holder of 14 conservation easements over 1,000 acres of private and public land, in 2020 FPC formally launched its Private Lands Conservation Program. This program was launched with the support of the Coalition of Oregon Land Trusts and the Land Trust Alliance through the funding of consultants to develop a financial/business plan for the program.

What is a conservation easement?

A conservation easement is a voluntary legal agreement between a landowner and a land trust or government agency that permanently limits use of the land in order to protect its conservation values. Landowners retain many of their rights, including the right to own and use the land, sell it and pass it on to their heirs.

How to protect your property?

FPC is working under the Land Trust Alliance’s standards and practices for all of our work. We are also a member of the Coalition of Oregon Land Trusts (COLT) and receive support as members of that coalition. FPC, along with our partners, will guide you through the process and is always available to answer any questions.

Please note that in order to fund the monitoring and enforce the compliance of the conservation easement in perpetuity, we are asking all landowners granting a conservation easement for a $10,000 donation to a Stewardship and Legal Enforcement fund at the time of closing.

What follows is a general overview of the steps involved in creating a conservation easement for your property with the Forest Park Conservancy (FPC):

1. Introduction of FPC and Landowner

In initial meetings, FPC will share information about the organization, the Private Land Conservation Program and conservation easements, including the transaction process and approximate costs. We may also set a date for an initial property visit and collect some data. We will also review a conservation easement template so you can see how the transaction will work.

2. Initial Project Review

FPC staff will visit the property to meet you and see it in person. We will assess the conservation value of the land using a “Screening Criteria Checklist” which means we will be looking for things like evidence of wildlife, riparian habitat, and other unique characteristics and needs of your property.

3. FPC Committee Review

FPC staff will review all of the information about your property. If it aligns with eligibility guidelines, will present it to the FPC Stewardship and Strategy Committee. This committee will develop a proposal and presentation to share with FPC’s Board of Directors.

4. Board Proposal

Staff will make a presentation about your property to the FPC Board of Directors, and will be available for a “Q&A”. If the proposal is approved by the Board, staff will then begin the formal negotiation process with you, the landowner.

5. Secure Legal Counsel

FPC will then retain legal counsel or secure legal pro-bono services, and recommend the landowner to secure legal and tax counsel. We strongly encourage all landowners to consult with their attorneys and financial advisors/accountants throughout this process.

6. Prepare Memorandum of Understanding and Deposit

FPC staff will map out the transaction process, set a timeline and allocate costs and responsibilities.

A $500 non-refundable upfront payment from landowner to pay for FPC time on the transaction.

7. Title Review and Due Diligence

FPC and our legal counsel will conduct a complete title search, either by continuing or preparing an abstract of title for your property and reviewing the same to determine the status and existence of any encumbrances such as mortgages or liens. Any title documents you can provide to FPC at the beginning of the process will save time and costs associated with this step. If the property is mortgaged, the mortgage must be subordinated by the lender so that if the property is ever foreclosed and subsequently sold, it will be sold subject to the conservation easement.

8. Deed Drafting and Conservation Plan Preparation

FPC staff and legal counsel will work on a first draft of the conservation easement, based on our internal template and the specific features and needs of the conservation values in your property. We will review and discuss this draft with you and your legal counsel to make sure you understand all of its content.

This process of drafting and review will create a conservation easement draft that will meet your conservation goals and FPC’s program mission.

Additionally, FPC will facilitate and promote the creation of a separate conservation management plan for your property with technical support from West Multnomah Soil and Water Conservation District.

9. Prepare Baseline Documentation Report (BDR)

In order for FPC to monitor your property annually to ensure its conservation into the future, FPC staff will gather data including photo documentation of the condition of the property and the conservation values. This data will be compiled in a Baseline Documentation Report (BDR). The report contains text, photographs, and maps to depict the condition of the property at the time the easement is granted. It includes a description of any infrastructure, zoning, and past and present uses of the land. This report will be used to detect changes that may occur in the future, as noted during annual monitoring of the easement. As the landowner, you will then be able to review and approve this report. If appropriate, there is the potential to develop a Forest Stewardship Plan alongside our partners at West Multnomah Soil and Water Conservation District.

10. Easement Closing

When all of the above steps are completed, the conservation easement and the BDR are executed by both parties and notarized. The easement is recorded in the County Clerk’s office and a copy of the recorded easement must also be provided to FPC and the landowner.

Please note that in order to fund the monitoring and enforce the compliance of the conservation easement in perpetuity, we are asking all landowners granting a conservation easement for a $10,000 donation to a Stewardship and Legal Enforcement fund at the time of closing.

11. Easement Monitoring and Stewardship

FPC will work with you to establish a clear schedule and process to complete its annual monitoring of the compliance of the terms of the easement and any other stewardship obligations it might assume.

We will also make sure to facilitate easy and open communications with you to answer questions regarding the terms of the easement, permitted and restricted uses, access etc.

If you want to learn more about conservation easements, land trusts, and incentives for landowners to encumber their properties, please check the links below:

• Visit the Coalition of Oregon Land Trust (COLT) website HERE.
• Learn more about Conservation Easements from the Land Trust Alliance website HERE.