NPS Proposes Historic Rehab Certification Rules Change

October 15, 2010: A Proposed Rule by the National Park Service would amend its procedures for obtaining historic preservation certifications for rehabilitation tax credits. The comment period ends 12/14/2010.

From the Federal Register notice: “The proposed rule accomplishes four objectives. First, it removes outdated references to the Internal Revenue Code. Second, the proposed rule deletes references to [...]

California Farmland Conservancy Program Act Signed

California, Sept. 30, 2010: “Gov. Arnold Schwarzenegger has signed … SB1142, by Sen. Pat Wiggins, D-Santa Rosa, which aims to expand the sources of grant money that the state can use to preserve farmland through easements. The bill allows the state to buy farmland-conservation easements that also require some environmental aim, like preservation of wildlife habitat. [...]

Stitzel v State of Maryland

Court of Special Appeals of Maryland, No. 1017, October 5, 2010: Sets aside the conveyance of a portion of land encumbered an agricultural preservation easement that was deeded without the prior approval of the easement holder; affirms that conveyance requires such prior approval.

In 1999, owner Stitzel entered into an Agricultural Land Preservation District Agreement with the [...]

Bjork v Draper II

Appellate Court of Illinois, Second District, No. 2-09-1345, September 22, 2010: This appeal of the trial court’s balancing of equities when setting remedies for violation of a conservation easement was denied because the Appellate Court found the a balancing was appropriate and the trial court had not abused its discretion.

The easement violation and remedy were [...]

City of Jersey City v Consolidated Rail Corporation

United States District Court, District of Columbia, No. 09-1900, No. 14., 39, September 28, 2010: The City, Rails to Trails Conservancy (RTC) and a community coalition (Coalition) lacked standing to ask the court to block Conrail from abandoning rail property and selling it to a developer planning non-rail uses without first obtaining Surface Transportation Board (“the [...]

Historic Green Springs, Inc. v US Environmental Protection Agency

United States District Court, W.D. Virginia, No. 3:09-cv-00075, September 29, 2010: This attempt by a conservation easement holder to defend the easement area from treated sewage discharge under a state-issued NPDES permit failed as the Court held that US EPA’s decision not to object to the permit did not require prior review under the National Historic [...]