A conservation easement is a legally recorded agreement by which landowners may voluntarily restrict the use of their land. A conservation easement protects important land resources. Perpetual easements provide tax benefits to the land owner and permanent protection by subjecting all future landowners to the same restrictions as stated in the original agreement. Conservation easements can be used to protect agricultural land, forested land, wildlife areas, wetlands and other scenic or natural lands.
A landowner who conveys a conservation easement retains all rights to use the land for all purposes that do not interfere with the conservation of the property as stated in the terms of the easement. Landowners retain the title to the property and the right to sell the property, restrict public access or give the property to whomever. However, most or all the rights to develop are restricted or eliminated.
Currently, the City of Shakopee has been granted three conservation easements. These conservation easements were granted to the City in the platting process for Whispering Oaks, Dean Lakes and ACC 2nd Addition developments. While the City of Shakopee is not the owner of these lands in many cases, it is now the regulatory authority for protecting these areas. This includes managing and enforcing the restrictions stated in the easement document.
For specific information about the locations of existing easements and the resulting building restrictions, please contact the Natural Resources Technican at (952) 233-9371.
Park, Open Space, and Conservation Easement Boundary Marking
The primary purpose for marking boundaries is to inform adjacent property owners where the property or easement begins in order to help prevent encroachment issues in the future. The City is in process of locating, inventorying and installing park, open space and conservation easement boundary markers and creating a GIS database, which will enable inspectors to more accurately determine when encroachments have occurred.
Individuals with questions about the boundary marking project are encouraged to contact Jacob Busiahn at (952) 233-9371 or jbusiahn@ShakopeeMN.gov.