Oregon Environmental Restriction Easement

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Multi-State
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US-EAS-10
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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.

Oregon Environmental Restriction Easement (ERE) is a legal agreement established between a property owner and a government entity or a qualified land trust to protect and preserve natural resources and environmentally sensitive areas. These easements aim to conserve open spaces, maintain biodiversity, and safeguard critical habitats, ensuring long-term ecological sustainability. ERE types in Oregon: 1. Wetland Easements: These easements focus on the protection and restoration of wetlands, which are essential for flood control, water quality improvement, and providing habitat for numerous plant and animal species. They may include restrictions on draining or filling wetlands, agricultural practices, and preventing the introduction of invasive species. 2. Riparian Easements: Riparian areas are the zones adjacent to streams, rivers, and other water bodies. Riparian easements aim to safeguard these areas by preventing activities such as logging, grazing, and construction that may degrade water quality or alter natural hydrological processes. 3. Habitat Easements: Habitat easements encompass a wide range of ecosystems, including forests, grasslands, meadows, and wildlife corridors, with the objective to conserve and protect critical habitats for indigenous flora and fauna. Activities restricted under habitat easements may include excessive timber harvesting or urban development that may disrupt natural habitats. 4. Farmland Easements: These easements are specifically focused on protecting agricultural lands from conversion to non-agricultural uses. By preserving farmlands, ERE ensures the continuity of sustainable farming practices, promotes local food production, and conserves soil health. Benefits of Oregon Environmental Restriction Easements: a. Conservation of Natural Resources: Eyes play a crucial role in preserving Oregon's diverse ecosystems by preventing the degradation of habitats, safeguarding water quality, and maintaining biodiversity. b. Stewardship of Open Spaces: These easements help in safeguarding vast stretches of undeveloped land, ensuring they remain unspoiled and accessible for recreational activities such as hiking, birdwatching, and nature conservation. c. Protection against Urban Sprawl: Eyes combat the encroachment of urban development into rural areas by restricting non-agricultural and non-essential structures, thus preventing the loss of valuable farmlands and open spaces. d. Tax Incentives: Landowners who participate in ERE programs may be eligible for federal and state tax benefits, including income tax deductions, property tax reductions, and estate tax benefits. e. Collaboration between Public and Private Entities: These easements promote partnerships between landowners, government agencies, and land trusts, fostering a collaborative approach towards environmental conservation and sustainable land management. In conclusion, Oregon Environmental Restriction Easements are crucial tools used to protect and preserve the state's natural resources, habitats, and agricultural lands. By establishing legally binding agreements with property owners, Eyes help maintain ecological balance, foster stewardship of open spaces, and support sustainable land use practices.

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FAQ

The holders of an interest in any easement shall maintain the easement in repair.

An easement is a nonpossessory interest in the land of another that entitles the easement holder to limited use of another's land without interference. ORS 105.170 (1). An easement holder is a person with a legal right to use the easement and may include the owner of the land across which the easement passes.

Termination of Easement for Real Estate Located in Oregon This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.

What Is An Easement Appurtenant In Real Estate? An easement is the right to use another person's property for a specific and limited purpose. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.

Termination of Easement for Real Estate Located in Oregon This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.

In plain language, an ?easement? is a legal right to use another property owner's property for a limited use. An easement allows the holder of the easement to use the real property of another for a specific purpose. Title to the underlying land is retained by the owner of real property.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

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... restrictions specifically provided for herein and in the Management Plan. ... OWEB and Grantee will keep a copy of the Management Plan on file and reasonably ... May 1, 2023 — The intent to grant an easement must be plain enough so that no other construction can be placed on it. An acknowledgment in a deed of the ...Grantee has the resources to monitor and enforce the restrictions set forth in this Easement. ... OWEB is an agency of the State of Oregon with a statutory ... The Recitals need to refer to site-specific values such as protected species as well as “big picture” values that demonstrate how the easement will contribute ... Sustainable Agriculture that maintains continuous vegetative cover and, if conducted in ... Grant or a separate grant of easement, the restriction on trails may ... Sep 14, 2009 — A. Grantor is the owner of certain real property located at 9200 S.E. Lawnfield Road, in Clackamas County, Oregon, the location ofwhich is ... Servitude and Easement, and shall inure to the benefit of the State of Oregon. 2.1. 2. DEFINITIONS. "DEQ" means the Oregon Department of Environmental Quality, ... 5.1. Owner may request release of any or all of the conditions or restrictions contained in this EES by submitting such request to the DEQ in writing with ... An easement can be granted on the final plat or through a recorded easement agreement. Eligible applicants for Working Land Conservation Covenant and Easement Grants are holders as defined in ORS 271.715 other than state agencies. Individual ...

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Oregon Environmental Restriction Easement