Conservation easements generally preserve land in a
predominantly natural or agricultural state. The efforts behind
these easements often go unappreciated. The same is true for the
notice requirements that correspond with the acquisition of
property encumbered by a conservation easement. Failing to heed
these notice requirements can impede acquisition efforts and add
cost and delay to public projects.
Code of Civil Procedure section 1240.055 sets forth valuation
and notice requirements for acquiring conservation easements under
threat of condemnation in California.* It requires an acquiring
party, prior to a hearing on a resolution of necessity, to send
notice to the holder of the easement at the earlier of 105 days
before the hearing on the resolution of necessity or at the time of
making the government code offer. The timing of the notice makes it
imperative that a project identify and plan for easement interests
as early as possible.
