TO: Potential Public Commenter
FROM: Department of Conservation and Recreation
SUBJECT: Request for Public Comments on the “Virginia Land Conservation Foundation Guidance Document on Conservation Easement Dispute Resolution”
Request for Public Comments
NOTICE is hereby given that the Virginia Land Conservation Board of Trustees (Board) is considering adopting “Virginia Land Conservation Foundation Guidance Document on Conservation Easement Dispute Resolution” as presented to the Board on June 16, 2015. The Board has requested a thirty-day public comment period to begin on July 13, 2015 and running through August 12, 2015. The following document is available in draft format for review and public comment:
- “Virginia Land Conservation Foundation Guidance Document on Conservation Easement Dispute Resolution.” The document contains the proposed Conservation Easement Dispute Resolution Guidance.
Public Comment Period
The public comment period will close on August 12, 2015. The Board will accept written comments by email (email@example.com) and postal mail addressed to: Office of Land Conservation, Department of Conservation and Recreation, 600 E. Main Street, 24th Floor, Richmond, Virginia 23219. Additionally, the Virginia Regulatory Town Hall website has added a new feature that allows agencies to open a public comment forum in connection with any General Notice. Public comment can now also be submitted through the Town Hall website. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by August 12, 2015.
Background-Statutory Authority and Mandated Solicitation of Public Comments
Section 10.1-1021.2 of the Code of Virginia directs the Board of the Virginia Land Conservation Foundation to adopt guidelines by which specified parties may request the Foundation resolve a dispute related to the interpretation or administration of a conservation easement. This guidance serves to set out such procedures.
Purpose and Intent of the Proposed Guidance Document
In accordance with § 10.1-1021.2 of the Code of Virginia, this document serves to provide guidance to any private owner of the fee interest in land that is subject to a perpetual conservation easement pursuant to Chapter 10.1 (§ 10.1-1009 et seq.) of Title 10.1 of the Code of Virginia, any holder of such an easement, or any holder of a third-party right of enforcement of such an easement, regarding procedures for submitting a request to the Virginia Land Conservation Foundation to resolve a dispute that arises out of or relates to the interpretation or administration of a conservation easement. Such request shall not be part of a dispute already in litigation. The Virginia Land Conservation Foundation shall utilize the process set forth in the Administrative Dispute Resolution Act, Chapter 41.1 (§ 2.2-4115 et seq.) of Title 2.2 of the Code of Virginia and the procedures outlined in this guidance to respond to requests.
Copies of the Proposed Guidance Document on Conservation Easement Dispute Resolution
An electronic copy of this draft guidance in PDF format is available on the Regulatory Town Hall under the Department of Conservaton and Recreation at http://townhall.virginia.gov/L/GDocs.cfm. The draft guidance can also be obtained from the Department of Conservation and Recreation’s Web Site: http://www.dcr.virginia.gov/virginia_land_conservation_foundation/index.shtml or the Office of Land Conservation at the Department of Conservation and Recreation, 600 E. Main St., 24th Floor, Richmond, Virginia 23219, or by calling (804) 371-5218, or via e-mail to firstname.lastname@example.org.