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These Practice Notes were developed in 2003 in response to the need for Connecticut's land trust community to have easy access to answers to frequently asked questions. These were funded in part through a New England Leadership Grant from The Land Trust Alliance (LTA) Northeast Program underwritten by LTA's generous individual and foundation supporters.
The Land Trust Alliance Year 2000 Census found that staff employed by the nation’s non-profit land trusts grew by 82% between 1998 and 2000, a period when the total number of land trusts grew by just 4%. Most new staff are hired on a part-time basis. It’s no wonder that so many trusts in the country are hiring staff, given the potential benefits. Many Connecticut land trusts are resistant to hiring staff, even part-time. In a survey carried out in 1998, only 13% of Connecticut trusts were staffed, compared to 37% in New York and the rest of New England.
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While state and federal statutes can reduce the liability of land trusts, they do not eliminate or or prevent a lawsuit for something that happens on trust property or during a trust event. This Practice Note discusses why your land trust should have some degree of insurance coverage.
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Connecticut enjoys a rich heritage of farming and manufacturing. Both activities employed toxic or hazardous substances that were often disposed of on or near the property. Some may occur on lands now being set aside for open space, perhaps by land trusts. Each past and present owner of a site that is contaminated by toxic or hazardous materials may be liable for all costs associated with cleaning up the mess. The land trust may be able to escape liability for clean up of hazardous waste that was dumped on a property under previous ownership if, prior to acquisition, the trust carried out a thorough inspection of the property and investigated previous ownership and uses.
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All trusts should have a written stewardship policy – that is, a document that describes how and by whom the stewardship activities are to be performed. Not having such a policy can place the permanence and continuity of stewardship in jeopardy. For the same reason, all trusts are encouraged to steward their holdings through standing committees comprised of both directors and non-board volunteers.
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Land Trusts and Conflicts of Interest
It’s good business practice to have a written Conflict of Interest (COI) policy, especially for non-profits. Surprisingly, very few land trusts in our state have one in place. Most believe them to be unnecessary, stating that “we’ve never had any conflicts arise.” As the old saying goes “an ounce of prevention is worth a pound of cure.” Trusts with a policy in place are better equipped to recognize and deal with a COI when it occurs, and prevent it from becoming a major problem.
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Land trusts have access to a surprisingly wide range of income sources. Nationwide, the average percentage of land trust income received from several sources is a follows: Membership and individual donations (62%); Grants from foundations and government (14%); Businesses and Corporations (3%); Planned giving and bequests (1%); Interest and investment income (6%); Special events (4%); Sales of services and publications (4%); Other (6%). This Practice Note addresses the first four only. This Practice Note is intended for use with the LTSB Fundraising InfoPak for Connecticut Land Trusts.
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Guidelines are extracted from LTANet and from the Standards and Practices Guidebook, LTA 1997 (see Practices 6E, 6F, 6G and 6H for more information).
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Board members know that land trust work can be both complex and time consuming. Most trusts in Connecticut depend on a volunteer board to carry out their work. Connecticut’s most active and successful trusts have discovered that effective management of board committees is the key to protecting more land better, while at the same time avoiding director burn out. Though committees are a critical component of the land trust business, many trusts in the state do not use them effectively. These trusts, unfortunately, are unlikely to achieve their full potential.
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Land trust boards and their directors have a wide range of legal, ethical and organizational responsibilities. The word "trust" itself implies a special responsibility to the public at large. This Practice Note discusses key responsibilities and includes a sample board member agreement.
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Conservation easements are a valuable protection tool and are growing increasingly numerous in CT. With more land trusts doing easements every day, preparing for management and enforcement is crucial. This Practice Note highlights how to plan ahead in order to avoid future problems.
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Land trusts that identify and focus on strategic conservation priorities often find they can raise more money and protect more land, as well as most effectively achieve their mission and conservation objectives. This Practice Note explains how and why a land trust should engage in strategic conservation planning.
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Nature picture credits (top to bottom, left to right): Photo © Alden Warner (Canton, Turkey eggs).