501(c)3 Land Trusts and Foundations as a Method to Acquire Public and Private Lands
There are two distinct definitions of a land trust:
• a private, nonprofit organization that, as all or part of its mission, actively works to conserve land by undertaking or assisting in land or conservation easement acquisition, or by its stewardship of such land or easements;[1] or
• an agreement whereby one party (the trustee) agrees to hold ownership of a piece of real property for the benefit of another party (the beneficiary).
History:
Land trusts have been around at least since Roman times but their clearest history is from the time of King Henry VIII in England. At that time people used land trusts to hide their ownership of land so they would not have to serve in the military or suffer the other burdens of land ownership. For example an elder uncle would hold his nephew's land so they would not have to join the king's army. To put an end to this King Henry in 1536 passed the Statute of Uses. The statute declares that if one party holds land "to the use of" or in trust for another ("beneficiary"), legal title is vested in the beneficiary. Obviously, if the statute had been given literal effect, there would be no trust law. Shortly after the statute was enacted, however, English courts declared that the statute only applied if the trust was passive, that is the trustee didn’t do anything but hold the land.
Residential land trusts emerged in the United States after calls among civil rights leaders in the 1950s and 1960s in the American South for economic reforms to reverse rampant poverty.
An Institute for Community Economics was organized in the late 1960s to help residential trusts:
• Gain control over local land use and reduce absentee ownership
• Provide affordable housing for lower income residents in the community
• Promote resident ownership and control of housing
• Keep housing affordable for future residents
• Capture the value of public investment for long-term community benefit
• Build a strong base for community action
• Preventing foreclosure
Residential community land trusts are now widespread in the United States, but seldom gain much notice beyond occasional local news accounts.
The Institute for Community Economics in 2004 reported nearly 120 community land trusts of varied sizes in 30 states, the District of Columbia and in five Canadian provinces.
While a few earlier trusts faltered, the number of land trusts in North America overall nearly tripled between the 1987 and 2004.
http://en.wikipedia.org/wiki/Land_trustExamples of various notably successful Land Trusts can be found in smaller States on the East Coast:
http://www.google.com/#sclient=psy&hl=e ... 60fe5f5fe0Of interest to and serving as an example of how OHV enthusiasts can create similar areas under 501(c)3 laws but learning from the mistakes of others, one in particular stands out among the rest given its 35 year history:
http://www.simsburylandtrust.org/So OHV folks, if you want an area that is free from the constant pressures of those who do not care for your life styles, simply create a 501(c)3 charitable "Land Foundation" where all donations are tax deductible and your contribution can be written off for tax purposes! Buy up everything possible and then, simply exclude those who do not conform to your principles of use!
Here’s a handy guide for how to get started!
http://www.landtrustalliance.org/policy ... or-501-c-3
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