Arkansas Environmental Restriction Easement

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Multi-State
Control #:
US-EAS-10
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Word; 
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Description

This is a sample form for use in transactions involving easements, an Environmental Restriction Easement. Requires a specific property to be subject to covenants, restrictions and easements as part of an order from federal court litigation.

Arkansas Environmental Restriction Easement (ERE) refers to a legally binding agreement established between a property owner and a conservation organization or the government. Through this agreement, certain land use activities on the property are restricted to protect and preserve its environmental features. Eyes aim to conserve natural resources, protect endangered species habitats, maintain water quality, and reduce the impact of human activities on the ecosystem. There are several types of Arkansas Environmental Restriction Easements, each serving specific conservation purposes: 1. Wetland Easements: These focus on protecting wetlands, which are vital ecosystems that provide valuable wildlife habitats, filter water, and prevent flooding. Wetland Eyes prohibit activities like draining, filling, or cultivating wetland areas. 2. Riparian Easements: These aim to preserve riparian areas, which are the buffer zones surrounding rivers, streams, and other bodies of water. Riparian Eyes restrict activities such as clearing vegetation, building structures, or using harmful chemicals within these zones to maintain water quality and wildlife habitats. 3. Forest Easements: These focus on conserving forests by restricting the removal of trees, preventing deforestation, and protecting wildlife habitats within the forested areas. Forest Eyes may also encourage sustainable management practices maintaining the ecological balance. 4. Farmland Easements: These Eyes are aimed at preserving farmland and agricultural resources. While allowing farming activities, these easements often prohibit actions that may cause excessive erosion, contamination of water sources, or destruction of prime agricultural soil. 5. Wildlife Habitat Easements: These Eyes aim to protect critical habitats of specific wildlife species, including endangered or threatened species. They restrict activities that could degrade the habitat, such as logging, mining, or construction. 6. Conservation Easements: These are overarching easements that encompass several conservation purposes, focusing on broader environmental protection. These easements may include restrictions on development, mining, timber harvesting, or other potentially harmful activities to safeguard the overall ecological integrity. It is important to note that the specific terms and conditions of an Arkansas Environmental Restriction Easement will vary depending on the conservation goals, the property's natural characteristics, and the parties involved. The easement agreement is typically perpetual and ensures that subsequent owners honor the easement's terms, thereby providing long-term protection for Arkansas's natural resources and wildlife.

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FAQ

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

While owning landlocked property in Arkansas can be challenging, the state provides a legal avenue for landlocked property owners to establish road access to and from their property.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

As a legal document, an easement in Arkansas should be filed and recorded in the land records with the county recorder in the county where the property is located.

A preservation easement allows a property owner to sell or otherwise plan for a property's disposition while ensuring that the historic character of the property will be preserved. The Arkansas Historic Preservation Program requires the donation of easements on all properties for which it gives a grant of over $10,000.

A preservation easement (more generally called a conservation easement) is a voluntary legal agreement through which a property owner grants rights to approve future development of or changes to a historic property to a qualified organization whose mission includes historic preservation.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

After the easement is granted, the property owner continues to maintain the easement just like the rest of the yard. What can/cannot be in an easement? Ground covers or grasses may be planted within an easement.

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Once recorded, the easement restrictions “run with the land” in perpetuity, thus binding not only the owner who grants the easement but all future owners as ... WHEREAS, Grantor is the ou.•~er in fee simple of a certain parcel ofland located at 763. East Street, adjacent to Silver Lake, in Pittsfield, ...Aug 6, 2014 — ... in the following documents, which are all on file at the EPA Region I Record Center located at 5 Post Office Square, Boston, Massachusetts: A. restrictions of a WRE easement include but are not limited to the following: ... ⇒ Surface excavation, fill, or other land manipulations to the easement area. or the Arkansas Department of Environmental Quality and that desire to exercise ... Fill out as indicated. With the exception of the DR's signature ... by JO Sundberg · 2011 · Cited by 7 — The creation of the easement limits rights to future uses of the property, resulting in a ... “Conservation Easement Tax Credits in Environmental. Federalism.” ... The easement will specify the terms for environmental monitoring activities, ... potential land uses and how restrictive or non-restrictive the easement is. For ... To fill out an AD 1026, which ensures a conservation plan is in place before lands with highly erodible soils are farmed. It also ensures that identified ... Moreover, a particular lot may have restrictions on the deed through easements, rights-of-way, covenants, or other encroachments. For example, if the ... Complain and then file a Breach of Easement action in your local court. You ... What do I do in Arkansas when a neighbor won't give easement for power? If ...

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Arkansas Environmental Restriction Easement