Conservation Easement
A conservation easement is a voluntary agreement between a private landowner and a qualified organization whereby the landowner donates the ecological and/or natural portions of his/her land while still retaining title to the land.
A Conservation Easement is in perpetuity and runs with the land.
*Qualified organizations includes qualified conservation charities and federal, provincial and municipal agencies.
Conservation Easement legislation was introduced in Alberta in 1996 and at that time, fell under the Environmental Protection and Enhancement Act. In 2009 Conservation Easement legislation was moved from the Environmental Protection and Enhancement Act to the Alberta Land Stewardship Act (ALSA); proclaimed in October 2009. Inclusion of agricultural lands as an easement purpose is one major change to the Conservation Easement legislation.
Purpose of conservation easements:
(a) the protection, conservation and enhancement of the environment;
(b) the protection, conservation and enhancement of natural scenic or esthetic values;
(c) the protection, conservation and enhancement of agricultural land or land for agricultural purposes;
(d) providing for any or all of the following uses of the land that are consistent with the purposes set out in clause (a), (b) or (c):
i) recreational use;
ii) open space use;
iii) environmental education use; and
iv) use for research and scientific studies of natural ecosystems
Conservation Easement Legislation can be found under articles 28 - 35 in the Alberta Land Stewardship Act.