Missouri 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.

Missouri Environmental Restriction Easement (MERE) is a legal tool used to protect and conserve ecologically significant lands and natural resources in the state of Missouri. These easements are intended to maintain the environmental integrity of properties while allowing limited use for activities such as agriculture, forestry, and recreational purposes. MERE works by imposing certain restrictions on the use and development of land to ensure its long-term conservation. These restrictions are typically agreed upon between the landowner and a qualified conservation organization or government agency, such as the Missouri Department of Natural Resources or a local land trust. The key purpose of a MERE is to prevent the degradation of natural habitats, water quality, and unique environmental features by limiting harmful activities. Some common restrictions may include prohibiting the construction of buildings, roads, or other infrastructure, controlling the use of pesticides and fertilizers, regulating the removal of trees, or limiting the volume or location of livestock operations. There are various types of MERE that can be established in Missouri based on specific conservation objectives and land use requirements: 1. Wetland Easements: These easements focus on the protection and restoration of wetlands, including marshes, swamps, and floodplains. They aim to preserve the water quality, wildlife habitat, and flood control capacity provided by wetland ecosystems. 2. Forest Easements: Forest easements primarily aim to safeguard significant forested areas and their associated biodiversity. These easements regulate logging activities, prevent deforestation, and ensure sustainable forestry practices. 3. Agricultural Easements: These easements support the conservation of farmland, promoting long-term agricultural viability while protecting prime soils, groundwater resources, and open space. Agricultural easements often restrict non-agricultural development, ensuring the continued use of land for farming purposes. 4. Riparian Easements: Riparian easements protect the land adjacent to streams, rivers, and other water bodies. They aim to preserve and enhance the health of riparian ecosystems, maintaining water quality, supporting wildlife habitat, and preventing erosion. 5. Natural Area Easements: Natural area easements focus on the preservation of critical natural habitats, such as prairies, caves, and unique geological formations. These easements protect important biodiversity hotspots while limiting activities that could disrupt or degrade these sensitive areas. 6. Historic Easements: Historic easements are aimed at preserving historically significant properties and landmarks, including archaeological sites, heritage buildings, and cultural landscapes. These easements ensure the preservation and public access to Missouri's rich historical and cultural heritage. It is important to note that while MERE places certain restrictions on land use, it does not transfer ownership of the property. The landowner maintains ownership rights but commits to the agreed-upon terms of the easement, which are legally binding and typically endure even if the property is sold or transferred to new owners.

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FAQ

An easement is a privilege or right that the owner of one parcel of real property (called a dominant estate or dominant tenement) has concerning another parcel of an estate (called a servient estate), and the owner of a servient estate is obligated not to interfere with that privilege.

Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.

An Easement grants use of a part of property, but does not transfer interest. As such, the original property owner is still responsible for the taxes on the part of the property. Maintenance of the easement is usually the responsibility of the property owner.

The owner of the dominant estate is also generally responsible for maintenance and repair. Practice pointer: An instrument creating an easement should provide some specifications as to maintenance.

Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.

An easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder's use and enjoyment.

Conservation easements are used to protect a variety of values, including open space, rare habitats, water quality, historical significance, scenic values, recreational trails, or other features of the land.

An easement is an interest in land owned by someone other than the owner of the property. The land which is benefited by the easement is referred to as the dominant estate, while the land impressed with the easement is generally referred to as the servient estate.

An easement by prescription is one that is gained under principles of a legal concept known as "adverse possession", under which someone other than the original property owner gains use or ownership rights to certain property.

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Nov 19, 2021 — The Land Conservation Partnership Grant – Conservation Easement Assistance Program provides financial assistance to land trusts and local ... May 20, 2020 — Common law provides three ways to establish an easement: (1) easements by necessity, (2) implied easements, and (3) prescriptive easements.(1) An action affecting a conservation easement may be brought by an owner of an interest in real property burdened by the easement; a holder of the easement, a ... results of the inspection and stating whether Grantor is in compliance with the restrictions and, if applicable, whether the Cover is in good condition and ... This conservation easement shall become effective when the Grantor files it in the Office of the Recorder of Clay County, Missouri, with a copy of the recorded. This Declaration shall become effective upon its recordation in the. Office of Recorder of Deeds of St. Charles County, Missouri, and the restrictions herein. Missouri, 64089. W I T N E S S E T H: WHEREAS, Grantor is the sole owner in fee simple of certain real property known as. located in. County, ... by JHA Griesedieck · 2007 · Cited by 4 — easement or other interest in real property that under state law has attributes similar to an easement (e.g., a restrictive covenant or equitable servitude). Questions are in three general categories: zoning requirement issues, environmental issues and complaint issues. See also, on the casscounty.com webpage, under ... Thus, the question comes down to whether or not the restriction on the easement is a reasonable use of the owners property. ... in complete and obvious violation ...

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Missouri Environmental Restriction Easement