An editorial appearing in the Denver Post 11-13-2019 by Mayor Wellington Webb
The definition of the word conservation is “prevention of wasteful use of a resource,” and Colorado conservation easements are voluntary, legal agreements that permanently limit uses of land in order to protect its conservation values for future generations. Until June of this year, Colorado conservation easements like the one that preserves the Park Hill Golf Course land open space could be terminated simply with the mutual agreement of the two parties that created them.
In 2017 the Denver city administration and the landowner, Clayton Trust, thought they would be able to terminate the conservation easement between themselves simply with a wink and a nod and city council approval. Had it not been for Arcis Golf, the company that operated the golf course crying foul, termination of that agreement would have flown under the radar, tucked into a measure for a vote by Denver City Council to approve the sale and development of that 155-acre, tree-filled green space.
Then, in July, Westside Investment Partners, Inc., a real estate development company, purchased the Park Hill Golf Course land for a price far in excess of the land’s appraised value, encumbered as the land was with a perpetual conservation easement and “open space-recreation zoning” in place. They speculated that they would be able to terminate the easement and change the open space-recreation zoning easily — but they were wrong.
This year the Colorado General Assembly took action with a dedicated group of conservation-minded nonprofit land trusts — members of the statewide coalition Keep It Colorado — to successfully strengthen the law governing the termination of conservation easements. On June 30, 2019, House Bill 1264 amended the Colorado conservation easement statute. HB 1264 establishes a higher standard for the entire state and puts the true intent of perpetual conservation easements into practice.
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