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01/20/2006: "Land Bank Acquires Easement On Lopez"

(Map of Lopez property)

Robert R & Catherine L Clemens have granted the SJC Land Bank an easement on 36 acres of their farm land on Lopez island. The Land Bank describes the property as "primarily open agricultural land. It has outstanding scenic qualities that can be enjoyed by the general public, specifically agricultural fields visible from Kjargaard Road, Davis Bay Road & Fisherman Bay Road".

As per the easement, the Clemens have given an "easement in perpetuity over the Property, together with all development rights associated with the Property…this Conservation Easement (will) run with the land and be binding upon…heirs, successors, and assigns"."

While the easement will protect the property from construction development or land division, it does not "provide the general public with any right of access to the Property.." The land can still be used by the owners of the property, but the use is, in general terms, limited to agricultural and general use that will not have a negative impact on the property, and as such the property "shall remain as open areas visually accessible from the County Roads".



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Background on the Land Bank

R.C.W. 82.46.070 in which the Washington State legislature has authorized the adoption by counties of a one percent real estate excise tax to be used solely for the purposes of acquisition and maintenance of conservation areas.

2. San Juan County Ordinances 142-1990 and 6-1999 in which San Juan County, with the approval of the voters, created the San Juan County Land Bank, and adopted and extended the collection of a one percent real estate excise tax for the acquisition and maintenance of conservation areas as authorized by state statute.

3. Chapter 16.54 San Juan County Code ("SJCC"), in which the citizens of San Juan County have charged the San Juan County Land Bank with preserving "in perpetuity areas in San Juan County that have environmental, agricultural, aesthetic, cultural, scientific, historic, scenic, or low-intensity recreational value, and to protect existing and future sources of potable water."

There has been some criticism of the Land Bank's purchasing and holding of property, as opposed to acquiring easements and then returning the property to the public sector for sale, but the BOCC (now the County Council) was assured last year that it is the intent of the Land Bank to return properties back to the open market once appropriate protections have been placed on them.