An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
A South Dakota Deed of Conservation Easement is a legal document that establishes a voluntary agreement between a landowner and a conservation organization or government entity. It exists to permanently protect the natural, scenic, or cultural resources of a property, ensuring its conservation and preventing any future development or detrimental activities. In this agreement, the landowner voluntarily restricts certain uses of their property to preserve its important conservation values indefinitely. These values may include wildlife habitat, open spaces, water quality, agricultural lands, significant ecosystems, historic structures, or cultural sites. By entering into a Deed of Conservation Easement, the landowner ensures that future generations can enjoy the ecological benefits and unique characteristics of the property. Different types of South Dakota Deed of Conservation Easements may include: 1. Agricultural Easement: This type of easement focuses on preserving and supporting the agricultural use of the property, which may involve protecting farming and ranching operations, implementing sustainable practices, or safeguarding productive soils. 2. Water Quality Easement: It aims to safeguard water bodies such as rivers, lakes, or streams by preventing pollution, erosion, or contamination from the property. This easement often involves establishing buffer zones, implementing the best management practices, or limiting certain activities near water resources. 3. Wildlife Habitat Easement: This type of easement is geared towards protecting and enhancing wildlife habitat on the property. It may involve managing and conserving specific ecosystems, creating wildlife corridors, or implementing practices that sustain healthy populations of native flora and fauna. 4. Scenic or View shed Easement: It focuses on preserving the scenic or aesthetic value of the property, ensuring that it remains untouched by development that might obstruct natural or picturesque views. This easement may apply to properties with stunning landscapes, vistas, or iconic landmarks. 5. Historic or Cultural Easement: This easement aims to conserve and protect historically or culturally significant structures, sites, or archaeological areas. It may involve preserving buildings, traditional landscapes, cultural artifacts, or maintaining the integrity of historical landmarks. South Dakota Deed of Conservation Easements are typically customized to fit the specific objectives and attributes of the property, ensuring that the conservation values are adequately protected. The South Dakota Department of Environment and Natural Resources (DEER) or other accredited organizations usually oversee the creation, implementation, and enforcement of these easements.
