A recent win in court for Three Valley Conservation Trust (Ohio) could help land trusts in other states as we all work together to uphold conservation permanence.

The case involved two siblings, James and Janis Taylor, who sold a conservation easement on their family farm to Three Valley Conservation Trust. The easement prevented any division of the farm. However, when Janis wanted James to buy her out, James asked the court to let him divide the property despite the restrictions, and the judge sided with him.

Three Valley Conservation Trust successfully appealed the decision with the help of Terrafirma, the Land Trust Alliance, Coalition of Ohio Land Trusts and American Farmland Trust. On appeal, the court sided with the land trust and Janis, stating that restricting division of the property is consistent with current law.

This is a great example of land trusts and their allies working together and it is an important decision with national ramifications. Read more about the case here.

We’re here to help! If you have any questions about divisions or anything else, please let us know. You can email us directly or call 202-800-2219 for Lorri, 202-800-2248 for Hannah, or 802-262-6051 for Leslie.

Thanks,
Hannah

Hannah Flake

Conservation Defense Associate

ALLIANCE RISK MANAGEMENT SERVICES LLC

(202) 800-2248  |  

It’s tempting to skip the formality of a signature when you know you have an agreement. But land trusts that allow other organizations on their property without getting complete paperwork could be putting themselves in jeopardy.

In Selective Insurance Co. v. Boy Scouts of America, a judge decided that, because the school failed to sign a confirmation letter allowing it to use the Boy Scout campground, the insurance company didn’t have to pay for injuries suffered by a student during an event held at the site—potentially leaving the Boy Scouts on the hook. The school’s insurance policy had extended coverage for contractors but without a signed contract, the judge ruled that the extended coverage didn’t apply. If you’re planning on working with a contractor or letting another organization use your property, make sure the person you’re arranging things with puts their John Hancock on the line so you can get all the benefits of a bona fide contractor.

We have updated our database to increase security and make communications more reliable.

You only need one password now! Your Land Trust Alliance password for accessing The Learning Center or signing up for Rally works for Terrafirma as well.

If you enter your e-mail address for an existing Terrafirma account, it will e-mail you your password, and if you do not yet have a Terrafirma login, it will prompt you to create one at: https://terrafirma.org/site/get_started

If you cannot log in, please contact us at and we’ll help you get set up.

You might need approval from site administrators for security purposes – so please don’t wait until the last minute!

Once you are in your account, please remember to notify Terrafirma about any potential issues that were discovered during the 2017 policy period which remain unresolved.

Thanks!
Hannah

Hannah Flake
Conservation Defense Coordinator 
(202) 800-2248  | 
 

P.S. Wondering what you can do for the Risk Management Discount?

• The next webinar will be on January 23 – see the full list here

It’s the first day of winter. This means two great things: 1) more sunlight in the days ahead and 2) Terrafirma applications are open for the 2018 policy year!

Head on down to www.terrafirma.org and check off your list - it’s as easy as 1-2-3.

1.            Reconfirm your eligibility

2.            Add any new parcels and remove any assigned parcels

3.            Click the “submit” button and mail your check (payable to Terrafirma RRG)

Once you update, the 2018 coverage period continues uninterrupted from the original policy date. You have until February 2, 2018 to submit your 2018 application.

We endeavor to be as green as a Christmas tree, meaning everything is online; Terrafirma does not send paper invoices, applications, or policies. 

Having trouble logging in?

We have updated our database! Now whatever you put for your Land Trust Alliance password (the one you use when accessing The Learning Center or signing up for Rally) will work for Terrafirma as well.

If your previous Terrafirma password was different, you should now be able to enter the Alliance password to log in.

If you enter your e-mail address here for an existing Terrafirma account, it will e-mail you your password: https://terrafirma.org/site/get_started

Lastly, please remember to notify Terrafirma about any potential issues that were discovered during the 2017 policy period.

Wishing everyone a happy holiday season!

Hannah

Smart land trusts typically purchase multiple types of insurance coverage and will consider how the various insurance coverages fit together when selecting the right coverage package. Terrafirma fills in many of the gaps in coverage for these other insurance products.

• General liability insurance is required in order to be eligible for Terrafirma coverage. It covers claims alleging bodily injury or property damage.
• Directors and officers (D&O) insurance covers claims alleging wrongful management decisions by the land trust board, volunteers and staff. Unpaid directors of land trusts may have some coverage available under their individual homeowners or personal liability umbrella policies but these do not offer any defense for the land trust where the board member volunteers.
• Title insurance can compensate the land trust if the actual title to (ownership of) the conservation easement or land they own is challenged or if there is a dispute about the legal description of the property, provided that it is not excluded by the survey exception.

For more on different types of insurance, head to the Learning Center for Guide to Risk Management for Land Trusts, starting on page 275, as well as Practical Pointers: Assessing Insurance Needs for Land Trusts. And for those attending Rally in Denver this October, check out the workshop B02: Do You Have the Right Insurance? At the Right Price? Details here.

Have questions? Please let us know. You can email us directly or call 202-800-2219 for Lorri, 202-800-2248 for myself or 802-262-6051 for Leslie.

Thanks,
Hannah

Conservation Defense Associate
(202) 800-2248  | 
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