When using a model document, review the associated commentary. The commentary provides optional and alternative provisions as well as guidance in applying the model to particular circumstances.
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Model Stewardship Funding Covenant and Commentary
Used to secure payment of deferred contributions, private transfer fees and other conservation commitments made by present landowners and to be paid by either them or future owners. The model offers ten basic ways to structure stewardship funding arrangements. (Versions prior to 2012 were titled the Model Conservation Funding Covenant.)
- Model Document (8/14/2012) WORD
- Commentary (8/14/2012) WORD | PDF
- Link to Library Item
- Guides: Introduction to Stewardship Funding Arrangements and Legal Considerations for Stewardship Funding Arrangements
Model Preliminary Agreement Regarding Conservation Easement Donation and Commentary
Used to spell out the terms under which landowners may donate and land trusts may accept a conservation easement. The model helps both land trusts and landowners avoid the costs and pains of misunderstandings in the process of establishing a conservation easement. The model puts into practice the research, analysis and recommendations of the Pledges and Donation Agreement guide. (Versions of the model prior to 2012 were titled the Model Donation Memorandum.)
- Model Document (8/7/2012) WORD
- Commentary (8/7/2012) WORD
- Link to Library Item
- Link to broader guidance
Model Mortgage Subordination and Commentary
Used to obtain “subordination” of a mortgage that pre-dates a conservation or trail easement. Subordination is critical for assuring that an easement will survive a bank foreclosure. It is also necessary if the landowner intends to use a donation of an easement for federal tax deduction purposes.
- Model Document (11/23/2011) PDF WORD
- Commentary (11/23/2011) PDF WORD
- Link to Library Item
- Link to broader guidance
Model Water Quality Improvement Easement and Commentary
Secures long-term access through and to property for the purpose of remediating the effects of abandoned mine drainage.
- Model Easement (7/21/2005) PDF WORD
- Commentary (7/21/2005) PDF WORD
- Link to LIbrary Item