Kentucky Environmental Restriction Easement (ERE) is a legal agreement that aims to protect and preserve important ecological features and natural resources in the state of Kentucky. It establishes permanent legal restrictions on the land use and development activities on a property, ensuring its long-term conservation. ERE serves as a valuable tool in safeguarding critical habitats, wetlands, forests, watersheds, scenic landscapes, and other environmentally sensitive areas. By voluntarily entering into an ERE, landowners are committing to maintaining the ecological integrity of their property and preventing any detrimental activities that could harm the environment. There are several types of Kentucky Environmental Restriction Easements: 1. Agricultural Easements: These restrictions concentrate on preserving farmland, promoting sustainable agricultural practices, and preventing the conversion of agricultural land for non-agricultural purposes. These easements often aim to protect important soils, water resources, and the rural character of the region. 2. Conservation Easements: Conservation Eyes focus on safeguarding natural areas, wildlife habitats, and biodiversity hotspots. They may include provisions to prevent logging, mining, subdivision, and other activities that could disrupt or degrade the ecosystem. Such easements prioritize the maintenance of ecological processes and the connectivity of wildlife habitats. 3. Historic Easements: These easements primarily aim to preserve historically significant buildings, structures, and sites. By restricting alterations or demolitions that could compromise their historical value, these easements play a crucial role in maintaining Kentucky's cultural heritage and identity. 4. Scenic Easements: Scenic Eyes focus on protecting visually significant landscapes, such as unique geological formations, scenic vistas, and cultural landmarks. Landowners who enter into scenic easements agree to limit or prevent activities that could obstruct or degrade the visual quality of the designated area. Kentucky Environmental Restriction Easements are typically created through a voluntary agreement between landowners and one or more conservation organizations, government agencies, or land trusts. The terms of the easement may vary depending on the specific conservation goals, legal requirements, and financial incentives available to landowners. ERE's aim to strike a balance between protecting the environment, promoting sustainable land use practices, and respecting the rights of private property owners. These easements provide a long-lasting legal framework to ensure the conservation of Kentucky's natural and cultural resources for future generations to enjoy.
Kentucky Environmental Restriction Easement
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How to fill out Environmental Restriction Easement?
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FAQ
An easement can be extinguished by the title owner's obstruction of the easement under the doctrine of adverse possession.
KRS 382.800-860 establishes that a conservation easement is a legal agreement between a landowner and a land trust or other charitable or governmental organization for the purpose of ?retaining or protecting natural, scenic, or open-space values of real property, assuring its availabil- ity for agricultural, forest, ...
Section 177.106 - Definition - Highway encroachment prohibited without permit - Removal - Civil fines imposed and collected - Permissible use of fines (1) As used in this section, "encroachment" means any improvement to land including but not limited to buildings, fences, ditches, embankments, driveways, or signs, or ...
(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law.
As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.
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.
An easement is a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. They are typically granted by will, by deed or by a contract. An easement is created by the legal document which is expressed either by grant or deed.
An easement for utilities, at least ten feet wide, shall be required along each side of a rear or side property line, or 20 feet wide across lots, wherever necessary to form a continuous right-of-way, at least 20 feet in width.