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Expectations from an environmental easement

Communities expectation from an environmental easement

1. Where an environmental easement is imposed on burdened land on which any person has at the time of the imposition of the easement, any existing right or interest to the land and that environmental easement will restrict that right or interest, there shall be paid to that person, by the applicant for the environmental easement such compensation commensurate with the lost value of the use of the land
2. The principle of voluntary environmental management shall be used to encourage land owners to grant an easement on their land and to encourage environmental conservation as a competitive land use option.
3. An environmental easement may exist in gross whereby the validity and enforceability of the easement shall not be dependent on the existence of a plot of land in the vicinity of the burdened land which can be benefited or, of a person with an interest in that plot of land who can be benefited by the environmental easement.

Ref: EMCA Section 112.5, 112.5A, 112.6


    Identify and justify areas within your vicinity that could be considered for environmental easement.