TerraBites
A short newsletter of bite-size ideas to chew on for Terrafirma owner-member land trusts, released January, February, May, June, September, October and November.
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 
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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
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Issues with neighbors can be inevitable, even when everyone has good intentions. Ongoing disputes with neighbors can lead to claims of property damage, encroachment, nuisance or trespass. The inconsistent use of conservation property contrary to land trust guidelines can damage the conservation values or result in the land trust inadvertently granting an impermissible private benefit to the trespasser. The outcome of litigation is decided by state and local law, so land trusts should consult with experienced local counsel.
Terrafirma currently has 164 open claims regarding some type of neighbor difficulty, usually involving trespass or encroachments but also involving boundary disputes, access disputes and legal disputes about the enforceability of easements. Of the 164 total neighbor claims, 16 are covered claims in litigation or bound for litigation. Regardless of the nature of the dispute, there are some standard steps that can help prepare a land trust.
We’re here to help! If you have any questions, please let us know.
Sincerely,
Hannah
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Hannah Flake
Conservation Defense Coordinator
ALLIANCE RISK MANAGEMENT SERVICES LLC
(202) 800-2248 |
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December is here and it is time to start your Terrafirma application for 2021. I know how busy you are with year-end closings on top of the extra work that 2020 has brought. Leslie and I are here to make the process as smooth and easy as possible, so please email or call us with any questions.
Your land trust’s current Terrafirma policy ends March 1, 2021. Coverage continues only if you reconfirm eligibility and pay for a 2021 policy on the Terrafirma website. The confirmation period began December 1 and ends February 1, 2021.
It’s as easy as 1-2-3!
- Reconfirm your eligibility
- Add or remove parcels if necessary
- Click the “submit” button and pay (see details here)
Once you update, the 2021 coverage period continues from the original policy date. Everything is online; Terrafirma does not send paper invoices, notices, applications or policies. Please remember to file a Claim for any possible problems that you discovered this policy year, even if you are unsure about the issues.
Awaiting the February decision from the Accreditation Commission?
If you are awaiting your February accreditation decision for the first time, don't hit that submit button just yet! Please fill out your application and then hit "submit" once your decision is received. There is an $11/parcel accreditation discount that we don't want you to miss.
Something new this year
Much has changed in Terrafirma’s eight years of operation, and it is time to vote on a new operating agreement. The elected Members Committee for Terrafirma unanimously recommends that you vote to adopt the Third Amended And Restated Limited Liability Company Operating Agreement For Terrafirma Risk Retention Group LLC. When you fill out your online application you will see the request for your vote, along with a summary of the proposed changes and details of the proposed amendments.
Stick with it!
We know that these are uncertain times and money is always tight. Your conservation defense insurance coverage is a sensible way to reduce some of that uncertainty.
Risk Management discount still available
If you have not yet attended a webinar on Risk Management to get your 2021 Terrafirma dollar-per-property discount, there are two more. Or you can take the online Risk Management Course for the $1 discount per property.
We’re here to help! If you have any questions, please let us know.
Sincerely,
Hannah
Hannah Flake
Conservation Defense Coordinator
ALLIANCE RISK MANAGEMENT SERVICES LLC
(202) 800-2248 |
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P.S. With the conservation easement closing season upon us, you may want to scan the drafting pointers on The Learning Center in the Conservation Defense library collection of Practical Pointers. Remember to include a comprehensive costs and fees collection clause. See the Terrafirma suggested clause in the drafting pointers
