Terrafirma RRG LLC
P.O. Box 1330
Williston, VT 05495-1330

Terrafirma’s annual membership confirmation opens on Dec. 1. Here are some important points to make it easier for you:

1.  NEW changed P.O. Box address to mail premium payments. Terrafirma has a new P.O. Box and will post the address as part of the application. Please use the new P.O. Box address for the 2023 premium payment to Terrafirma. Please notify your accounts payable to update their vendor list and change the Terrafirma address to use the new P.O. Box address.

2. Terrafirma’s premium increased from $63 per insured parcel to $67 per insured parcel. As highlighted in the May 2022 Terrabite, the Members Committee voted to increase Terrafirma’s premium from $63 per insured parcel to $67 per insured parcel effective for policy year 2023. The premium for land trust back-up holders or third-party enforcers increased from $31.50 per insured parcel to $67 per insured parcel. Current premium discounts and coverage limits remain the same.

3.  Risk management discount opportunities are still available. To receive the Terrafirma risk management discount on your 2023 policy, one member of your land trust will need to attend an approved risk management course. An approved risk management course must be completed every year to qualify for the risk management discount for the coming policy year and discounts cannot be retroactively applied. Here are some upcoming risk management events:

• Online Risk Management plan creator
• Register now for these free webinars (each webinar is scheduled for 3-4PM EST): 
  • Nov. 10| Advanced Risk Management – Great Land Trust Case Study
  • Dec. 8| Basic Risk Management – Insurance 101
  • Jan. 12 | Advanced Risk Management – Managing Risk with Outside Lawyers
  • Jan. 19 | Basic Risk Management – Tips from Terrafirma

If you have any questions, please let me know. You can email me directly or call 802-249-7147.

Thank you,

Tom Kester
Operations Manager and Secretary
Alliance Risk Management Services LLC
Manager for Terrafirma Risk Retention Group LLC

Over the past year, Terrafirma has seen an increase in boundary-related claims like encroachment, trespass and adverse possession. Two recurring themes are that the land trust suspected the violation was occurring for years but had not verified the property boundary line or thought the nominal trespass did not merit filing a Terrafirma claim. Many of these claims, unfortunately, were denied coverage due to being untimely filed. Some of the problems could have been stopped or abated earlier if the land trust identified the boundary lines and acted promptly.  

Terrafirma offers practical considerations for land trusts during monitoring visits to help you identify boundary issues.  

Please contact Leslie Ratley-Beach if you have questions about boundary-related matters.

Sincerely,

Tom Kester

Operations Manager and Secretary

Alliance Risk Management Services LLC        

Manager for Terrafirma Risk Retention Group LLC

I hope you are well and enjoying spring. I wanted to give all Terrafirma members ample notice that after five full years of stable premium prices and also retaining all the original discounts, Terrafirma must increase premium for the next policy year in 2023. This is only the second premium increase in Terrafirma’s ten years of operation.

Like everyone, inflation has increased all of Terrafirma’s costs – some of them dramatically. Attorney costs on claims increased 15% for example, and investment market decreases negatively affected additional income that would otherwise bridge expense increases.

Terrafirma’s elected Members Committee wants to ensure that Terrafirma can pay the costs for every covered claim, provide members with access to highly qualified attorneys nationwide, and provide sufficient management of Terrafirma to meet regulatory expectations.

At the recent Terrafirma Annual Meeting, the Members Committee voted to increase Terrafirma’s premium from $63 per insured parcel to $67 per insured parcel effective for policy year 2023 (next year). Current premium discounts and coverage limits remain the same.

We understand that any premium increase is not welcome news to members. Both Terrafirma and ARMS work very hard to keep costs as low as possible. The two premium increases in Terrafirma’s 10-year history represents an annualized 1.1% increase from the original 2013 premium. All the discounts and original policy limits remain the same.

I am happy to answer any questions. Please write to me at tkester[at]lta.org. Thank you for your dedication to lasting conservation!

Sincerely,

Tom Kester

Operations Manager

Alliance Risk Management Services LLC

The 545 land trust owner-members of Terrafirma mark some notable events this month. They now collectively insure over 10,212,198 acres. That is 38% more than when the Alliance started Terrafirma in 2013, and one and a half times the size of Hawaii! Terrafirma has also paid out $4.5 million for covered claims, handled over 1,500 claims and insured over 36,000 conservation properties. Terrafirma has almost $12 million in total assets and is fully compliant with regulations.

February 22, 2022 also marks the 40th anniversary of the Land Trust Alliance. In honor of all of these collective achievements, the Alliance will host two complimentary webinars as part of Member Celebration Week for land trust members and Affiliates — Transforming Your Organizational Culture on Feb. 23 and Staying Connected While Working Remotely on Feb. 24.

Thank you to all the owner-members of Terrafirma for helping us to grow stronger each year! Each land trust is a critical part of this formidable, shared conservation defense liability service. We appreciate your commitment to lasting conservation. 

Hannah

Hannah Flake
Conservation Defense Specialist
ALLIANCE RISK MANAGEMENT SERVICES LLC

P.S. Stay on top of any potential claims you have lingering from the 2021 policy period by filing a claim before the end of the grace period on April 30 - the sooner the better. If you have questions about filing a claim or anything else, please let us know.

You have a lot of information to track, so it is important that you have a clear system for maintaining records that everyone in the organization follows all the time. You cannot save every piece of paper and still hope to identify and retrieve a critical record when the need arises. Records that are unmarked, misfiled or buried in so much redundant paperwork that they cannot be located in a timely manner are as good as lost. 

Once you have a policy in place, everyone should follow detailed written procedures to ensure that nothing is accidentally misplaced and that your land trust is not overwhelmed with documents. These procedures should describe how to establish, identify, collect, manage, store and purge records, as well as reflect your consideration of the records needed to advance your mission, what records might be helpful or necessary to defend your land trust and what records are required by law.

Next month we will review a few specific critical records that you need to keep.

We're here to help! If you have questions, please contact us at .


Sincerely,

Hannah

Have great records.

You always hear that, but what does it mean and how do you do it? Land trust staff and volunteers that have experienced difficult disputes, whether on easement or owned land, can offer examples. They report that they communicated quickly and clearly with the landowner or neighbor, documented those communications in a phone, email, text and letter log, then documented fully all conditions on the protected property with dozens or sometimes hundreds of labelled photos, videos, descriptions, maps and aerial imagery. They diligently followed Land Trust Standards and Practices. Bob Neale, stewardship director for the Sonoma Land Trust and the lead staff for the entirety of their eight-year violation process including two appeals, said that “by following Standards and Practices diligently, we had the factual foundation in place for a solid defense that greatly supported our strong legal case.”

One of the first ways to identify facts is to prepare a timeline, including key dates such as:

• when the relationship between the parties started;
• when the contract was formed or when the conservation easement was signed; and
• when a violation occurred or other legal challenge commenced.

As part of this process, you can identify key people, including witnesses. Identify key events that did not happen, such as procedures that were not followed. In addition to thinking about the key facts, consider how the facts can be shown to the landowner or neighbor, and ultimately perhaps to a judge or jury. What facts are likely to have an emotional impact or be a critical deciding factor? Make the timeline detailed and annotate it with identification of documents that substantiate the facts.

Next month we will take a look at how a record policy and procedures can help you prevail in any dispute.  

We're here to help! If you have questions, please contact us at .


Sincerely,

Hannah
 

Hannah Flake
Conservation Defense Coordinator
ALLIANCE RISK MANAGEMENT SERVICES LLC
(202) 800-2248  |  

Adapted from: Practical Pointers for Land Trusts When Facing a Lawsuit or Other Legal Challenge of Any Size

Hannah Flake
Conservation Defense Coordinator
ALLIANCE RISK MANAGEMENT SERVICES LLC
(202) 800-2248  |