You can tell it is summertime in law professor land because I am slowly going through my stack of reading, including several cases that I had earmarked for further exploration. One of these is the ongoing dispute regarding a conservation easement held by the U.S. Forest Service pursuant to the Columbia River Gorge National Scenic Area Act. The case is entitled GLW Ventures v. USDA, 2016 WL 3364896 (W.D. Wash 2016)
The Columbia River Gorge National Scenic Area Act included a mechanism whereby the federal government could purchase conservation easements with the goal of preventing development and maintaining current land uses in the area (generally residential and agricultural). It is not clear when the CE in this case was created, but we do know that Sharleen Jones sold a conservation easement of 110 acres to the Forest Service, in exchange for approximately 60% of the fair market value of the land. At the time of this transaction, Jones’ land was classified as being 4 parcels. In the CE, Jones and the Forest Service agreed that the 110 acre parcel could be divided into two acres subject to zoning regulations. At the time of the agreement, both the Act and local zoning laws set the minimum lot size at 40-acres. Some of the background isn’t exactly clear from the court documents, but it appears that several years later Jones tried to get the Forest Service to buy full fee simple title to the lots, but it wasn’t interested. (The latest order from the federal court says that “she offered to sell her remaining interests to the Forest Service, which it declines.” The district court then states that this “declination converted the property’s permissible lot size from 40 acres to 80 acres.” I admit, I don’t understand that process or conclusion and would love to hear an explanation.)