Legal System Operation and Land Trust Activities by the Land Trusts in California

Abstract

Abstract: This study clarifies how the organizations called land trusts in California, in the USA, develop their activities by focusing on the characteristics of the legal system and the method of raising funds. The results showed that they use two methods to conserve land, land acquisition and conservation easements, which are done either voluntarily or by undertaking requests for mitigation. Land acquisition allows the land trust to freely manage the land to fulfill its mission, and the cost of acquisition is relatively high. Conservation easement is based on contracts that can continue even if the landowner changes, and often limits the land trust’s ability to use and manage the land because it is private property. The acquisition cost is relatively low and the landowner may receive tax benefits. The income of land trusts is diverse, including grants, donations, investment income, and profits from the sale of land, while the mitigation system provides income from developers. Japan does not have a legal system for conservation easement or mitigation requirements. The case of California may provide some inspiration for activating land trust activities in Japan in the future.