(print edition of the ConservationTools.org guide) The Model Grant of Conservation Easement and Declaration of Covenants with Commentary provides users with a state-of-the-art legal document and guidance to customize it to nearly any situation. No easement document has benefited from more real-world testing and peer review.
The Model Conservation Transaction Addendum is designed for use with standard Pennsylvania Association of Realtors purchase and sale agreement forms. It addresses issues that commonly arise with conservation acquisition projects.
A purchase option assures the option holder of the right to purchase property at a certain price within a certain time period but without an obligation to do so. In granting an option, the landowner gives up the right to sell freely during the option period.
The holder of a right of first offer has the opportunity to purchase land at the landowners’ asking price before any other prospective purchasers have an opportunity. An alternative configuration has the holder, rather than the landowners, making the first offer. If the right of first offer is coupled with a right of first negotiation, the holder has the further benefit of time for counterproposals and seeking mutually agreeable terms with the landowners before other bidders make competing offers. This model provides for both rights.
If an owner intends to accept an offer for the purchase of his or her land, the holder of a right of first refusal has the opportunity to purchase the land at the price and terms offered by the prospective buyer. If the holder of the right declines to purchase on those exact terms, the owner is then free to sell to the prospective buyer. If an owner is willing to commit to providing such a right to a conservation organization, this model is a tool to document and ensure the enforceability of the owner’s commitment.
The Model Preliminary Agreement Regarding Conservation Easement Donation puts into practice the research, analysis and recommendations of the Pledges and Donation Agreement guide. The commentary explains the purpose of each provision in the model, refers the user to pertinent portions of the guide for further analysis and provides alternative and optional provisions.