Jeff Swinehart

Lancaster Farmland Trust’s path to Terrafirma began in 2008 when the organization – then 20 years old – experienced its first major conservation easement violation. The violation involved a property preserved in 1990 and owned by the fourth successive landowner. The landowner built a 6,000 square foot building to construct components for prefabricated horse barns. The violation was discovered on an annual monitoring visit which launched a five-year battle that concluded in Common Pleas court with LFT prevailing and the landowner, by court order, required to remove the structure after being found in contempt of court twice. In this protracted battle, LFT’s legal fees tallied more than $71,000. 

As a result of this experience, Lancaster Farmland Trust’s Board of Trustees was eager to enroll its entire portfolio of 440 easements when Terrafirma launched in 2013. It is a decision the organization has not regretted, and currently has nearly 600 parcels enrolled.

LFT faced its second significant violation in 2016 – the granting of a right-of-way for a large natural gas transmission line in violation of the easement. The filing of a complaint in the Court of Common Pleas against the largest pipeline company in the country could have been paralyzing for LFT were it not for Terrafirma. The insurance coverage gave our Board and staff the confidence it needed to fight to protect the conservation provided by the easement in this David vs Goliath situation … and, to be successful in that fight. 

Because of experiences like this, I believe Terrafirma is paramount to the continued success of the land trust movement. It provides land trusts with security and confidence.  It eliminates the financial risk that may cause a land trust to waiver on its perpetual commitment. It also provides land trusts with the security of knowing that other land trusts will have the same level of expertise and professionalism to address their violations, therefore, increasing the long-term legal viability of conservation easements as a mechanism to protect important lands.

My experience in the land conservation world is not one of a legal background or that of someone with a sophisticated knowledge of insurance companies and procedures. It is, instead, as a 21-year practitioner working with families to protect the land they cherish. I believe it is imperative to the success of Terrafirma that the Members Committee is represented by practitioners – those who have negotiated with landowners, addressed stewardship challenges, understand how decisions to litigate or not impact their donor base, contemplate the broader community impact, and standby the conviction to defend the perpetual obligation to the many families who have entrusted their land in our hands.  Essentially, to “honor the promise” we personally make to the first generation and the many following them that we have yet to embrace.

I was fortunate to be elected as the Mid-Atlantic representative in 2018 and have since built my knowledge base and understanding of the relationship between Terrafirma and the Land Trust Alliance, the regulatory process and requirements of a captive insurance group in the state of Vermont, and complex insurance concepts such as loss ratios and loss triangles. I’ve experienced first-hand the steep learning curve to understanding the intricate details of a captive insurance group and believe retaining institutional knowledge on the committee is important as Terrafirma continues to mature and experiences an increase in the number of annual claims.  

Thank you for your dedication to protecting the natural treasures of your geography and your organization’s commitment to Terrafirma. I would be honored to continue to represent the Mid-Atlantic region as your Terrafirma Members Committee representative.