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James T Anderson - One of the best experts on this subject based on the ideXlab platform.
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a comparison of wetland characteristics between agricultural Conservation Easement program and public lands wetlands in west virginia usa
Ecology and Evolution, 2020Co-Authors: Katharine E Lewis, Christopher T Rota, James T AndersonAbstract:In West Virginia, USA, there are 24 Conservation Easement program wetlands enrolled in the Agricultural Conservation Easement Program (ACEP). These wetlands are located on private agricultural land and are passively managed. Due to their location within fragmented agricultural areas, wetlands enrolled in ACEP in West Virginia have the potential to add wetland ecosystem services in areas that are lacking these features. We evaluated ACEP wetlands compared to reference wetlands on public land in West Virginia by using surrounding land cover, vegetative cover, and wetland features and stressors such as the presence or absence of erosion, upland inclusion, algal mats, and evidence of impacts from the surrounding landscape as surrogate measurements of wetland function on 13 ACEP wetlands and 10 reference wetlands. ACEP wetlands had higher percentages of tree coverage and a higher proportion of agricultural land in the areas immediately surrounding the wetland. Reference wetlands had higher percent coverage of emergent vegetation and had a higher proportion of forest in the immediate landscape. Our findings suggest that ACEP wetlands provide valuable early successional and forested wetland cover in a state that is largely forested. Because of this, it is important to maintain and even expand ACEP in West Virginia to continue providing a valuable source of early successional wetland habitat.
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influence of the agricultural Conservation Easement program wetland practices on winter occupancy of passerellidae sparrows and avian species richness
PLOS ONE, 2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Wetlands enrolled in the Agricultural Conservation Easement Program (ACEP) are established as a means of restoring wetland ecosystems and wildlife habitat on private, agricultural land. In West Virginia, USA, ACEP wetlands have never been evaluated to determine how they function as wildlife habitat in comparison to other available wetland habitat in the state. We measured the wintering occupancy of Passerellidae species and apparent avian species richness on ACEP wetlands and a set of reference wetlands located on public land in West Virginia to evaluate if ACEP wetlands are being used similarly by avian species to other available wetland habitat in the state. Apparent avian species richness and the occupancy probability of four Passerellidae species-song sparrows (Melospiza melodia), dark-eyed juncos (Junco hyemalis), swamp sparrows (Melospiza georgiana), and white-throated sparrows (Zonotrichia albicollis)-did not differ between ACEP and reference sites. In addition to other vegetative and habitat associations for each species, dark-eyed junco occupancy was negatively correlated with wetland size while swamp sparrow occupancy and apparent avian species richness were positively associated with wetland size. These results indicate that ACEP wetlands are providing winter avian habitat as well as another source of wetland habitat in the state. Maintaining and expanding ACEP wetlands in West Virginia would continue to provide wetland systems in areas that are otherwise lacking these habitats.
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Passerellidae species detected on Agricultural Conservation Easement Program (ACEP) and reference wetland sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Passerellidae species detected on Agricultural Conservation Easement Program (ACEP) and reference wetland sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
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Influence of the Agricultural Conservation Easement Program wetland practices on winter occupancy of Passerellidae sparrows and avian species richness - Fig 4
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Log odds ratio of dark-eyed junco occupancy(left) and swamp sparrow occupancy (right) as a function of wetland size. Logs odds ratio is relative to median wetland size (10.8 ha) and gray bands represent 95% credible intervals from detection/non-detection surveys conducted in West Virginia, USA on Agricultural Conservation Easement Program wetlands and wetlands on public land in the winters of 2016–2017 and 2017–2018.
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Detection and occupancy covariates used to model occupancy of Passerellidae sparrows on Agricultural Conservation Easement Program (ACEP) wetlands and reference wetlands located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Detection and occupancy covariates used to model occupancy of Passerellidae sparrows on Agricultural Conservation Easement Program (ACEP) wetlands and reference wetlands located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
Katharine E Lewis - One of the best experts on this subject based on the ideXlab platform.
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a comparison of wetland characteristics between agricultural Conservation Easement program and public lands wetlands in west virginia usa
Ecology and Evolution, 2020Co-Authors: Katharine E Lewis, Christopher T Rota, James T AndersonAbstract:In West Virginia, USA, there are 24 Conservation Easement program wetlands enrolled in the Agricultural Conservation Easement Program (ACEP). These wetlands are located on private agricultural land and are passively managed. Due to their location within fragmented agricultural areas, wetlands enrolled in ACEP in West Virginia have the potential to add wetland ecosystem services in areas that are lacking these features. We evaluated ACEP wetlands compared to reference wetlands on public land in West Virginia by using surrounding land cover, vegetative cover, and wetland features and stressors such as the presence or absence of erosion, upland inclusion, algal mats, and evidence of impacts from the surrounding landscape as surrogate measurements of wetland function on 13 ACEP wetlands and 10 reference wetlands. ACEP wetlands had higher percentages of tree coverage and a higher proportion of agricultural land in the areas immediately surrounding the wetland. Reference wetlands had higher percent coverage of emergent vegetation and had a higher proportion of forest in the immediate landscape. Our findings suggest that ACEP wetlands provide valuable early successional and forested wetland cover in a state that is largely forested. Because of this, it is important to maintain and even expand ACEP in West Virginia to continue providing a valuable source of early successional wetland habitat.
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influence of the agricultural Conservation Easement program wetland practices on winter occupancy of passerellidae sparrows and avian species richness
PLOS ONE, 2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Wetlands enrolled in the Agricultural Conservation Easement Program (ACEP) are established as a means of restoring wetland ecosystems and wildlife habitat on private, agricultural land. In West Virginia, USA, ACEP wetlands have never been evaluated to determine how they function as wildlife habitat in comparison to other available wetland habitat in the state. We measured the wintering occupancy of Passerellidae species and apparent avian species richness on ACEP wetlands and a set of reference wetlands located on public land in West Virginia to evaluate if ACEP wetlands are being used similarly by avian species to other available wetland habitat in the state. Apparent avian species richness and the occupancy probability of four Passerellidae species-song sparrows (Melospiza melodia), dark-eyed juncos (Junco hyemalis), swamp sparrows (Melospiza georgiana), and white-throated sparrows (Zonotrichia albicollis)-did not differ between ACEP and reference sites. In addition to other vegetative and habitat associations for each species, dark-eyed junco occupancy was negatively correlated with wetland size while swamp sparrow occupancy and apparent avian species richness were positively associated with wetland size. These results indicate that ACEP wetlands are providing winter avian habitat as well as another source of wetland habitat in the state. Maintaining and expanding ACEP wetlands in West Virginia would continue to provide wetland systems in areas that are otherwise lacking these habitats.
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Passerellidae species detected on Agricultural Conservation Easement Program (ACEP) and reference wetland sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Passerellidae species detected on Agricultural Conservation Easement Program (ACEP) and reference wetland sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
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Influence of the Agricultural Conservation Easement Program wetland practices on winter occupancy of Passerellidae sparrows and avian species richness - Fig 4
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Log odds ratio of dark-eyed junco occupancy(left) and swamp sparrow occupancy (right) as a function of wetland size. Logs odds ratio is relative to median wetland size (10.8 ha) and gray bands represent 95% credible intervals from detection/non-detection surveys conducted in West Virginia, USA on Agricultural Conservation Easement Program wetlands and wetlands on public land in the winters of 2016–2017 and 2017–2018.
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Detection and occupancy covariates used to model occupancy of Passerellidae sparrows on Agricultural Conservation Easement Program (ACEP) wetlands and reference wetlands located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Detection and occupancy covariates used to model occupancy of Passerellidae sparrows on Agricultural Conservation Easement Program (ACEP) wetlands and reference wetlands located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
Christopher T Rota - One of the best experts on this subject based on the ideXlab platform.
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a comparison of wetland characteristics between agricultural Conservation Easement program and public lands wetlands in west virginia usa
Ecology and Evolution, 2020Co-Authors: Katharine E Lewis, Christopher T Rota, James T AndersonAbstract:In West Virginia, USA, there are 24 Conservation Easement program wetlands enrolled in the Agricultural Conservation Easement Program (ACEP). These wetlands are located on private agricultural land and are passively managed. Due to their location within fragmented agricultural areas, wetlands enrolled in ACEP in West Virginia have the potential to add wetland ecosystem services in areas that are lacking these features. We evaluated ACEP wetlands compared to reference wetlands on public land in West Virginia by using surrounding land cover, vegetative cover, and wetland features and stressors such as the presence or absence of erosion, upland inclusion, algal mats, and evidence of impacts from the surrounding landscape as surrogate measurements of wetland function on 13 ACEP wetlands and 10 reference wetlands. ACEP wetlands had higher percentages of tree coverage and a higher proportion of agricultural land in the areas immediately surrounding the wetland. Reference wetlands had higher percent coverage of emergent vegetation and had a higher proportion of forest in the immediate landscape. Our findings suggest that ACEP wetlands provide valuable early successional and forested wetland cover in a state that is largely forested. Because of this, it is important to maintain and even expand ACEP in West Virginia to continue providing a valuable source of early successional wetland habitat.
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influence of the agricultural Conservation Easement program wetland practices on winter occupancy of passerellidae sparrows and avian species richness
PLOS ONE, 2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Wetlands enrolled in the Agricultural Conservation Easement Program (ACEP) are established as a means of restoring wetland ecosystems and wildlife habitat on private, agricultural land. In West Virginia, USA, ACEP wetlands have never been evaluated to determine how they function as wildlife habitat in comparison to other available wetland habitat in the state. We measured the wintering occupancy of Passerellidae species and apparent avian species richness on ACEP wetlands and a set of reference wetlands located on public land in West Virginia to evaluate if ACEP wetlands are being used similarly by avian species to other available wetland habitat in the state. Apparent avian species richness and the occupancy probability of four Passerellidae species-song sparrows (Melospiza melodia), dark-eyed juncos (Junco hyemalis), swamp sparrows (Melospiza georgiana), and white-throated sparrows (Zonotrichia albicollis)-did not differ between ACEP and reference sites. In addition to other vegetative and habitat associations for each species, dark-eyed junco occupancy was negatively correlated with wetland size while swamp sparrow occupancy and apparent avian species richness were positively associated with wetland size. These results indicate that ACEP wetlands are providing winter avian habitat as well as another source of wetland habitat in the state. Maintaining and expanding ACEP wetlands in West Virginia would continue to provide wetland systems in areas that are otherwise lacking these habitats.
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Passerellidae species detected on Agricultural Conservation Easement Program (ACEP) and reference wetland sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Passerellidae species detected on Agricultural Conservation Easement Program (ACEP) and reference wetland sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
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Influence of the Agricultural Conservation Easement Program wetland practices on winter occupancy of Passerellidae sparrows and avian species richness - Fig 4
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Log odds ratio of dark-eyed junco occupancy(left) and swamp sparrow occupancy (right) as a function of wetland size. Logs odds ratio is relative to median wetland size (10.8 ha) and gray bands represent 95% credible intervals from detection/non-detection surveys conducted in West Virginia, USA on Agricultural Conservation Easement Program wetlands and wetlands on public land in the winters of 2016–2017 and 2017–2018.
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Detection and occupancy covariates used to model occupancy of Passerellidae sparrows on Agricultural Conservation Easement Program (ACEP) wetlands and reference wetlands located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Detection and occupancy covariates used to model occupancy of Passerellidae sparrows on Agricultural Conservation Easement Program (ACEP) wetlands and reference wetlands located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
Christopher M. Lituma - One of the best experts on this subject based on the ideXlab platform.
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influence of the agricultural Conservation Easement program wetland practices on winter occupancy of passerellidae sparrows and avian species richness
PLOS ONE, 2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Wetlands enrolled in the Agricultural Conservation Easement Program (ACEP) are established as a means of restoring wetland ecosystems and wildlife habitat on private, agricultural land. In West Virginia, USA, ACEP wetlands have never been evaluated to determine how they function as wildlife habitat in comparison to other available wetland habitat in the state. We measured the wintering occupancy of Passerellidae species and apparent avian species richness on ACEP wetlands and a set of reference wetlands located on public land in West Virginia to evaluate if ACEP wetlands are being used similarly by avian species to other available wetland habitat in the state. Apparent avian species richness and the occupancy probability of four Passerellidae species-song sparrows (Melospiza melodia), dark-eyed juncos (Junco hyemalis), swamp sparrows (Melospiza georgiana), and white-throated sparrows (Zonotrichia albicollis)-did not differ between ACEP and reference sites. In addition to other vegetative and habitat associations for each species, dark-eyed junco occupancy was negatively correlated with wetland size while swamp sparrow occupancy and apparent avian species richness were positively associated with wetland size. These results indicate that ACEP wetlands are providing winter avian habitat as well as another source of wetland habitat in the state. Maintaining and expanding ACEP wetlands in West Virginia would continue to provide wetland systems in areas that are otherwise lacking these habitats.
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Passerellidae species detected on Agricultural Conservation Easement Program (ACEP) and reference wetland sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Passerellidae species detected on Agricultural Conservation Easement Program (ACEP) and reference wetland sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
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Influence of the Agricultural Conservation Easement Program wetland practices on winter occupancy of Passerellidae sparrows and avian species richness - Fig 4
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Log odds ratio of dark-eyed junco occupancy(left) and swamp sparrow occupancy (right) as a function of wetland size. Logs odds ratio is relative to median wetland size (10.8 ha) and gray bands represent 95% credible intervals from detection/non-detection surveys conducted in West Virginia, USA on Agricultural Conservation Easement Program wetlands and wetlands on public land in the winters of 2016–2017 and 2017–2018.
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Detection and occupancy covariates used to model occupancy of Passerellidae sparrows on Agricultural Conservation Easement Program (ACEP) wetlands and reference wetlands located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Detection and occupancy covariates used to model occupancy of Passerellidae sparrows on Agricultural Conservation Easement Program (ACEP) wetlands and reference wetlands located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
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Model results from swamp sparrow occupancy analyses obtained from point count surveys on West Virginia Agricultural Conservation Easement Program wetlands (ACEP) and reference sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2
2019Co-Authors: Katharine E Lewis, Christopher T Rota, Christopher M. Lituma, James T AndersonAbstract:Model results from swamp sparrow occupancy analyses obtained from point count surveys on West Virginia Agricultural Conservation Easement Program wetlands (ACEP) and reference sites located in West Virginia, USA in the winters of 2016–2017 and 2017–2018.
Nancy A. Mclaughlin - One of the best experts on this subject based on the ideXlab platform.
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ABA RPTE Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements and Federal Tax Law
2019Co-Authors: W. William Weeks, Nancy A. Mclaughlin, Turney Berry, Jonathan G. Blattmachr, Jason E. Havens, James Slaton, Steve Swartz, Philip TabasAbstract:In October 2015, the American Bar Association’s Real Property, Trust and Estate Law (RPTE) section convened a Conservation Easement Task Force. The objective of the Task Force was to provide recommendations regarding federal tax law as it relates to Conservation Easements. This Report is the culmination of the Task Force’s work. Part I of the Report is an Executive Summary of the Task Force’s recommendations. Part II provides the background necessary to understand the Task Force’s recommendations. Part III briefly sets forth the Task Force’s comments on the Tax Cuts and Jobs Act of 2017 as it relates to charitable contributions in general and Conservation Easement donations in particular. In Part IV, the Task Force recommends that the Treasury publish safe harbor provisions that would be common to most Conservation Easements. Part V sets forth the Task Force’s recommendations regarding amendments and discretionary consents, the inconsistent use regulations, and furthering transparency in Conservation Easement administration. Part VI discusses issues surrounding valuation of Conservation Easements. Part VII contains a brief comment on syndicated Conservation Easement transactions. Part VIII is the Task Force response to certain proposals the Treasury Department made (most recently in 2016) to change Conservation Easement law. Appendix A sets forth the “perpetuity” requirements of § 170(h) and the Treasury Regulations. Appendix B offers specific language to facilitate the preparation of key safe harbor provisions.
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Trying Times: Conservation Easements and Federal Tax Law (October 2019)
SSRN Electronic Journal, 2019Co-Authors: Nancy A. MclaughlinAbstract:Since 2006, the Tax Court, District Courts, and Circuit Courts have collectively issued more than one-hundred opinions relating to the federal charitable income tax deduction for the donation of perpetual Conservation Easements. This outline discusses these court decisions and other developments in the Conservation Easement donation context.
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Conservation Easements and the Valuation Conundrum
2017Co-Authors: Nancy A. MclaughlinAbstract:The Internal Revenue Service (IRS) first officially sanctioned a charitable income tax deduction for the donation of a Conservation Easement in 1964. In 1980, Congress enacted § 170(h), which authorizes a deduction for the donation of a Conservation Easement or a facade Easement that is “granted in perpetuity” to a government entity or charitable organization “exclusively for Conservation purposes.” The deduction has encouraged thousands of property owners to donate Easements that protect land and historic structures with important Conservation and historic values. The deduction has also, however, been subject to abuse, including valuation abuse.
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Uniform Conservation Easement Act Study Committee Background Report
SSRN Electronic Journal, 2017Co-Authors: Nancy A. MclaughlinAbstract:This report was prepared by Nancy A. McLaughlin, Robert W. Swenson Professor of Law at the University of Utah S.J. Quinney College of Law, in her role as Reporter for the Uniform Law Commission's Uniform Conservation Easement Act Study Committee. The report provides an overview of the Uniform Conservation Easement Act (UCEA), which was approved by the Commission in 1981, and examines the provisions in individual state Conservation Easement enabling statutes that differ from the provisions in the UCEA.
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An Introduction to Conservation Easements in the United States: A Simple Concept and a Complicated Mosaic of Law
2015Co-Authors: Federico Cheever, Nancy A. MclaughlinAbstract:The idea of a Conservation Easement – restrictions on the development and use of land designed to protect the land’s Conservation or historic values – can be relatively easily understood. More significant and more challenging is the complex body of state and federal laws that shapes the creation, funding, tax treatment, enforcement, modification, and termination of Conservation Easements. The explosion in the number of Conservation Easements over the past four decades has made them one of the most popular land protection mechanisms in the United States. The National Conservation Easement Database estimates that the total number of acres encumbered by Conservation Easements exceeds 40 million.Because Conservation Easements are both novel and ubiquitous, understanding how they actual work is essential for practicing lawyers, policymakers, land trust professionals, and students of Conservation. This article provides a “quick tour” through some of the most important aspects of the developing mosaic of Conservation Easement law. It gives the reader a sense of the complex inter-jurisdictional dynamics that shape Conservation transactions and disputes about Conservation Easements. Professors of property law, environmental law, tax law, and environmental studies who wish to cover Conservation Easements in the context of a more general course can use the article to provide their students with a broad but comprehensive overview of the relevant legal and policy issues.