A review is presented of the legal problems involved in the use of scenic easements, with pertinent statutory and case law and administrative practices cited. New legal problems arise in connection with the acquisition and administration of scenic easements. These problems include certain constitutional questions, the derivation of appropriate enabling legislation, the form and content of scenic easement conveyances, and the enforcement, transfer ability, and termination of scenic easement rights. These problems are analysed and discussed in light of the relevant experience, together with proposed new scenic easement enabling legislation and suggestions as to the form and content of scenic easement conveyances. Various administrative problems and valuation problems and procedures are presented, with the valuation aspects noted that appear to be applicable to scenic easement appraisal. Before and after sales case studies and comparison-type sales studies are presented for use by appraisers in determining the compensation that should be paid the property owner for the rights taken in a scenic easement acquisition.
Abstract