BandA wrote: ↑Thu Mar 04, 2021 6:27 pm
Why can't Milford place conservation restrictions on their own parcel? They don't have to "coordinate" with Hopedale.
Because of the law doctrine of "merger", separate legal entities must hold the fee in the land and the conservation restriction. So, if the municipality owns the land , a separate governmental organization or qualified third party will need to hold the CR, such as a nonprofit land trust or a similar organization. The Grantor and Grantee may not be the same entity, nor may they be divisions of the same entity (such as the Select Board and Conservation Commission of the same town). This is why, when a property owner places a CR on their property, it is often granted to the municipality or for example in my area, an organization like the Sudbury Valley Trustees. I had this question in my work for my town's Conservation Office.
Seen behind the motorman on the inside wall of a PCC departing "Riverside" many years ago: "Pickpockets are on duty for your convenience."