Drafting Conservation Easements for Agricultural & Ranch Land

In general, agricultural easements recognize the farmer’s need to be able to respond to a changing agriculture and are written with the knowledge that farmers, perhaps more than any other group of landowners, must make countless decisions on a daily basis about how they work the land, and respond to new market conditions. Timing and flexibility can be critical when deciding if they need to construct a new fence, plant a particular crop, apply nutrients and chemicals, construct or renovate a building, or subdivide or acquire a parcel of land.

There are a number of concepts and a variety of approaches within agricultural easements that must be considered.

• Why do we need agricultural easements as compared to scenic, or open space easements?
• What are you attempting to achieve? Are you hoping that the easement will ensure that the land remains.
• Clarify your goals, understand your objectives.
• In working with farmers and ranchers we have found common themes of both importance and concern.
• There are Key issues in agricultural easements
• There are Points to consider for Farm/ranch structures
• Definition of Agriculture
• Agricultural Practices