Difference between revisions of "Land Trusts and Conservancies in California's Central Coast Region"

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==Definition==
 
==Definition==
'''Land Trust''' is an agreement whereby a trustee agrees to hold title to property for the benefit of a beneficiary.<ref name="deflandtrust">Definition: Land Trust [http://assetprotectionplanners.com/articles/land-trusts/]</ref> The beneficiary has the right to direct the trustee, based on the established agreement. There are two types of land trusts: community land trusts and land conservancies. Community land trusts are nonprofit organizations that work on building assets for a community such as affordable housing, public gardens, and commercial spaces. Land conservancies on the other hand aim to protect flora, fauna, and natural resources, particularly through purchase of and caring for land.<ref name="defcons">Definition: Conservancy [http://www.merriam-webster.com/dictionary/conservancy]</ref>
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A '''Land Trust''' is an agreement whereby a trustee agrees to hold the title to property for the benefit of a beneficiary.<ref name="deflandtrust">Definition: Land Trust [http://assetprotectionplanners.com/articles/land-trusts/]</ref> The beneficiary has the right to direct the trustee, based on the established agreement. There are two types of land trusts that operate as non-profit organizations: community land trusts and land conservancies. Community land trusts specialize on building assets for a community such as affordable housing, public gardens, and commercial spaces. Land conservancies aim to protect flora, fauna, and natural resources by purchasing and caring for land.<ref name="defcons">Definition: Conservancy [http://www.merriam-webster.com/dictionary/conservancy]</ref>
  
Land Conservancies as non-profit organizations rely on donations, and grants for land acquisition. Conservancies also accept conservation easement that are donated or sold by landowners. A conservation easement is a voluntary, legally-binding agreement between landowner and land trust or government agency that permanently limits land use to protect its conservation.<ref name="defconsease">Definition: Conservation Easement [http://www.landtrustalliance.org/what-you-can-do/conserve-your-land/conservation-options]</ref> <ref>[http://www.nature.org/about-us/private-lands-conservation/conservation-easements/what-are-conservation-easements.xml The Nature Conservancy explains conservation easements]</ref>
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Land trusts rely on donations and grants for land acquisition. Conservancies also accept and hold [[Conservation Easement| conservation easements]] that are donated or sold by landowners. A conservation easement is a voluntary, legally-binding agreement between landowner and land trust or government agency that permanently limits land use to protect its conservation.<ref name="defconsease">Definition: Conservation Easement [http://www.landtrustalliance.org/what-you-can-do/conserve-your-land/conservation-options]</ref> <ref>[http://www.nature.org/about-us/private-lands-conservation/conservation-easements/what-are-conservation-easements.xml The Nature Conservancy explains conservation easements]</ref>
  
 
==California Code and Land Trust==
 
==California Code and Land Trust==
There are no specific statutes that deal specifically with land trust; however, there do exist codes that deals with trusts in general. The statutes for land trust fall in the Probate Code of the California Codes. Specifically, section 15604, which deals with non-profit organizations being appointed as trustees. According to CA code a land trust can be appointed a trustee if it meets the following requirements: <ref> [http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15600-15604 CA Code Probate Code] </ref>
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There are no specific statutes that deal specifically with land trusts; however, there do exist codes that deal with trusts in general. The statutes for land trusts fall in the Probate Code of the California Codes, specifically section 15604, which deals with non-profit organizations being appointed as trustees. According to CA code, a land trust can be appointed a trustee if it: is located within state boundaries, is authorized to be a trustee, and has existed for three years as a non-profit. <ref> [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=15604.&lawCode=PROB| California Probate Code Section 15604] </ref>
  
*The corporation is incorporated in this state.
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==Public Land Trusts==
*The articles of incorporation specifically authorize the corporation to accept appointments as trustee.
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[[File:Stateconservancies.PNG|thumb|alt=Alt text|upright=1.5|'''Figure 1'''. Geographic Boundaries of State Conservancies.]]
*For the three years prior to the filing of a petition under this section, the nonprofit charitable corporation has been exempt from payment of income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code and has served as a private professional conservator in the state.
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*The settlor or an existing trustee consents to the appointment of the nonprofit corporation as trustee or successor trustee, either in the petition or in a writing signed either before or after the petition is filed.
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Public Land Conservancies are state funded agencies whose goals are to protect wildlife habitat. Public land trusts cannot be classified as non-profit organizations. In California, land conservancies fall under the control of the Wildlife Conservation Board (WCB).  California state conservancies will purchase land themselves or assist private land trust purchase land <ref> [https://abirdingnaturalist.wordpress.com/2016/04/05/california-state-conservancies/| California State Conservancies] </ref>. There are a total of ten public conservancies in California:
*The court determines the trust to be in the best interest of the settlor.
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*Baldwin Hills Conservancy
*The court determines that the appointment of the nonprofit corporation as trustee is in the best interest of the settlor and the trust estate.
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*California Tahoe Conservancy
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*Coachella Valley Mountains Conservancy
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*Sacramento-San Joaquin Delta Conservancy
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*San Diego River Conservancy
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*San Gabriel & Lower Los Angeles Rivers & Mountains Conservancy
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*San Joaquin River Conservancy
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*Santa Monica Mountains Conservancy
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*Sierra Nevada Conservancy
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*[[California Coastal Conservancy]]
  
==Public vs. Private==
 
 
==California Land Trusts==
 
==California Land Trusts==
  
===List of Central California Land Trusts===
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These land trusts and conservancies are actively working in California's Central Coast region.
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===Central Coast Organizations===
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*Peninsula Open Space Trust (POST)
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*[[Sempervirens Fund]]
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*[[Land Trust of Santa Cruz County]]
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*[[Elkhorn Slough Foundation (ESF)]]
 
*[[Big Sur Land Trust (BSLT)]]
 
*[[Big Sur Land Trust (BSLT)]]
 
*[[Santa Lucia Conservancy (SLC)]]
 
*[[Santa Lucia Conservancy (SLC)]]
*[[Elkhorn Slough Foundation (ESF)]]
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*[[Conservancy for the Range of the Condor (RoC)]]
*Land Conservancy of San Luis Obispo County
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*[[The Land Conservancy of San Luis Obispo County]]
*San Joaquin River Parkway and Conservation Trust
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*The Land Trust for Santa Barbara County
*California Rangeland Trust
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*Cayucos Land Conservancy
*Center for Natural Lands Management
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*Pacific Forest Trust
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===Statewide Organizations===
*Rocky Mountain Elk Foundation
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*[[California State Coastal Conservancy]]
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*[[Wildlife Heritage Foundation]]
 
*Save the Redwoods League
 
*Save the Redwoods League
*The Trust for Public Land
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*[[California Rangeland Trust]]
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===Regional and Nationwide Organizations===
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*[[The Nature Conservancy (TNC)]]
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*[[Trust for Public Land]]
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*Western Rivers Conservancy
 
*The Wilderness Land Trust
 
*The Wilderness Land Trust
*Wildlife Heritage Foundation
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*Rocky Mountain Elk Foundation
*Land Trust of Santa Cruz County
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*Pacific Forest Trust
 
*Pacific Forest Trust
*Peninsula Open Space Trust (POST)
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*Center for Natural Lands Management
*Sempervirens Fund
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==Links==
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*[[Wildlife Connectivity in California's Central Coast Region]]
  
 
==References==
 
==References==

Revision as of 13:09, 6 April 2020

Definition

A Land Trust is an agreement whereby a trustee agrees to hold the title to property for the benefit of a beneficiary.[1] The beneficiary has the right to direct the trustee, based on the established agreement. There are two types of land trusts that operate as non-profit organizations: community land trusts and land conservancies. Community land trusts specialize on building assets for a community such as affordable housing, public gardens, and commercial spaces. Land conservancies aim to protect flora, fauna, and natural resources by purchasing and caring for land.[2]

Land trusts rely on donations and grants for land acquisition. Conservancies also accept and hold conservation easements that are donated or sold by landowners. A conservation easement is a voluntary, legally-binding agreement between landowner and land trust or government agency that permanently limits land use to protect its conservation.[3] [4]

California Code and Land Trust

There are no specific statutes that deal specifically with land trusts; however, there do exist codes that deal with trusts in general. The statutes for land trusts fall in the Probate Code of the California Codes, specifically section 15604, which deals with non-profit organizations being appointed as trustees. According to CA code, a land trust can be appointed a trustee if it: is located within state boundaries, is authorized to be a trustee, and has existed for three years as a non-profit. [5]

Public Land Trusts

Alt text
Figure 1. Geographic Boundaries of State Conservancies.

Public Land Conservancies are state funded agencies whose goals are to protect wildlife habitat. Public land trusts cannot be classified as non-profit organizations. In California, land conservancies fall under the control of the Wildlife Conservation Board (WCB). California state conservancies will purchase land themselves or assist private land trust purchase land [6]. There are a total of ten public conservancies in California:

  • Baldwin Hills Conservancy
  • California Tahoe Conservancy
  • Coachella Valley Mountains Conservancy
  • Sacramento-San Joaquin Delta Conservancy
  • San Diego River Conservancy
  • San Gabriel & Lower Los Angeles Rivers & Mountains Conservancy
  • San Joaquin River Conservancy
  • Santa Monica Mountains Conservancy
  • Sierra Nevada Conservancy
  • California Coastal Conservancy

California Land Trusts

These land trusts and conservancies are actively working in California's Central Coast region.

Central Coast Organizations

Statewide Organizations

Regional and Nationwide Organizations

Links

References

  1. Definition: Land Trust [1]
  2. Definition: Conservancy [2]
  3. Definition: Conservation Easement [3]
  4. The Nature Conservancy explains conservation easements
  5. California Probate Code Section 15604
  6. California State Conservancies

Disclaimer

This page may contain student work completed as part of assigned coursework. It may not be accurate. It does not necessary reflect the opinion or policy of CSUMB, its staff, or students.