The land you save today is the land you will protect tomorrow — and
every day after that, forever. Land trusts need to be ready to keep
our promises to protect the land whenever it is threatened. So far,
major legal challenges have been few and far between, but that’s
changing. We expect to see more and more challenges to conservation
lands. Why? A big reason is that thousands of properties under
conservation easements are changing hands, from the people who
originally protected them to new owners who might not share that
vision. As new owners take over, violations go up. Trespassers can
also damage conservation lands, including properties that land trusts
own — and trespassing is likely to increase in some areas as the
population grows. Protected land — because it remains open — can
also become a target for high-impact infrastructure, such as new roads
or transmission lines. Here are resources to help you prevent legal
challenges and respond effectively when they come up. Legal Defense
Reserves Calculator How can your land trust ensure it has an adequate
legal defense reserve to protect your preserves and conservation
easements? It is now easier than ever before to calculate your reserve
number using the new Legal Defense Reserves Calculator featured on The
Learning Center* at tlc.lta.org/calculator. Calculate minimum reserve
levels tailored for a specific situation — the Land Trust Alliance
worked with independent actuaries to construct the calculator using
actuarial analysis and data collected from hundreds of land trusts
across the nation, building upon previous studies of basic thresholds
for defense funding. The results are tailored by land trust history,
holdings, age, state and size. Give your supporters the information
and confidence they want to donate the funds you need to save more
land. Help your land trust survive significant legal challenges or a
series of challenges. Uphold Land Trust Standards and Practices, which
require land trusts to determine the long-term stewardship and
enforcement expenses and to secure adequate funds to cover those
costs. View this one-pager for more information about the calculator
If you have additional questions, please contact Conservation Defense
Coordinator Lorri Barrett at (202) 800-2219 or lbarrett@lta.org.
Attorney Locator Conservation defense requires special legal
expertise. So how can you find the right attorney? Our Attorney
Locator, featured on The Learning Center*, connects land trusts with
experienced conservation attorneys. If you’re a land trust, you can
use this tool to search for the lawyer you need, by state or
specialty, and you can see references from their previous land trust
clients. If you’re a conservation attorney, post an up-to-date
profile so land trusts can find you. Conservation Defense
Clearinghouse Conservation defense is a new field of law, evolving
every day. The Conservation Defense Clearinghouse, featured on The
Learning Center*, provides comprehensive, up-to-date information so
land trusts and their attorneys can stay on top of it. Experts vet
documents before they go into the Clearinghouse, which includes
practical tips, case summaries, law review articles, statutes, tax
code information, sample documents and legal templates. Advanced
search tools help you find exactly what you’re looking for.
Conservation Defense Fund The Alliance is committed to making sure
that land trusts win every precedent-setting case. Our Conservation
Defense Fund provides backup for the legal battles that are most
important for the land trust community to win. Individual land trusts
must also prepare to meet the financial demands of conservation
defense, through dedicated reserve funds and/or Terrafirma insurance.
Risk Management We all need to take risks if we’re going to get
anywhere--but we need to be smart about them. Risk management is a
discipline for dealing with uncertainty. Proactive risk management
allows you to seize opportunities as well as limit damage. The
Alliance provides free risk management tools for all of our member
land trusts as affiliates of the Nonprofit Risk Management Center.
These free tools include: Risk management tips, e-newsletters and
webinars One-on-one assistance by phone or email with questions about
risk, insurance, and organizational risk management You can also
contact the Nonprofit Risk Management Center about custom services.
Want to learn more about risk management? Look for upcoming webinars.
Or take the Land trust Standards and Practices course on Risk
Management. *The Learning Center is a service offered to Alliance
member land trusts and partners, and to individual members at the $250
level and above.
