“These aren't just any trees,” explained Tara Aaron, co-founder of the project and an attorney with Stites & Harbison. They're American Elm seedlings from a champion tree. American Elms are prized for their lovely arching branches that provide shade, make homes more energy efficient and add beauty and value to neighborhoods. During the early 1900's, American Elms were found in great numbers gracing the eastern United States. Sadly, many trees were lost, during the mid 1900's, due to the outbreak of Dutch Elm disease. While this disease affected some American Elms in Nashville, others survived and continued to grow into majestic, healthy trees. The seedlings that will be planted on November 7 are the offspring of one of Nashville's largest and oldest American Elm trees. This tree was named by The Nashville Tree Foundation as a 2008 Big Tree champion.

Bellevue residents who are interested in having a seedling planted in their yards are invited to register by contacting Becky Dan at becky.dan@stites.com or (615) 782-2210.  There is no charge for receiving a tree.  Anyone wishing to volunteers to help plant the trees should also contact Becky Dan.
 

Get your tickets, grab your boots and join the fun, all for a great cause!

Peter Harnik, author and Director of the Trust for Public Land's Center for City Park Excellence, will share examples of 'Best Practices' in open space/green planning.  The Trust for Public Land is a land conservation and open space resource for landowners, government agencies and community groups interested in protecting land for human enjoyment. It maintains the nation's most complete database about the urban park systems of large cities, including acreage, usage, spending, employment, facilities ad historical evolution.

Next, Orchard Advisors, a Nashville consulting group, will lead attendees in a creative exercise to elicit ideas for the 'best Nashville' going forward. They hope to reach a group consensus on a Vision Statement and Defining Objectives to set the tone for the Open Space Plan

The Davidson County Open Space Plan is a joint effort between ULI and the Land Trust for Tennessee to protect the unique landscape of Middle Tennessee.  More information on the objectives of the Open Space Plan are to follow.

The Visioning Charrette will take place on October 6, 2009, from 4:00 - 6:00 p.m. at the Martin Prof. Development Center, 2400 Fairfax Avenue, Nashville, TN 37212.  Online registration is available, or you can register at the event beginning at 3:30 p.m.

Counting Crows invites community-based organizations that focus on these issues to each of their concerts.  At their recent show at the Ryman Auditorium in Nashville, Counting Crows invited members of the Land Trust for Tennessee and acknowledged the organization for its environmental efforts.  The band was then joined by Augustana and Michael Franti and Spearhead in a rendition of This Land Is Your Land.

For more information, visit The Greybird Foundation.
 

For more information, an article in the July 24, 2009, edition of the Memphis Commercial Appeal entitled "Course of nature" discusses Timberlake's blend of golf and serenity at Mirimichi. 

As mentioned in a previous post, The Land Trust for Tennessee will be honored as the recipient of the Natural Heritage award for its efforts in connection with the Lost Cove Project.

For more information about the awards ceremony, please visit http://m.egovtn.org/node/2085.  Information about the Governor’s Environmental Stewardship Awards program can be found at: www.tn.gov/environment/awards/, and additional information about this year’s award recipients can be found at: www.tn.gov/environment/awards/09awds/09winners_1.pdf.
 

If Bells Bend is designated a RANRA community, it would stop the development of May Town Center at the state level.  Such designation would require the support of two-thirds of the area voters, which at this point seems unlikely.

Recently, Sen. Douglas Henry (D-Nashville) and Rep. Gary Moore (D-Nashville) mailed ballots to all of the 184 tax payers in the Bells Bend area.  Of the returned ballots, there were 23 “Yes” votes for RANRA and 76 “No” votes against RANRA.

Additionally, a petition was drawn up by area landowners who oppose RANRA.  According to Bells Bend resident Joe Collier: "We already have land trusts in this state that people can opt into and determine what to do with their land. This legislation isn't necessary."

Some Tennesseans see a vote against RANRA as a vote for the proposed development.  Said T.K. Davis, an associate professor in the College of Architecture and Design at the University of Tennessee-Knoxville: "It really comes down to the question: Which is more important to all of Metro Nashville? Expanding the tax base … or protecting Bells Bend as a unique agrarian landscape that's a natural asset for all of the people in Nashville."

A compensable taking may be found where a property owner is forced to suffer a permanent physical occupation of his property or is deprived of all economically viable use of his property; however, a land use law that adversely affects economic values may be enacted without resulting in a taking where its intended purpose is to “enhance the quality of life by preserving the character and desirable aesthetic features” of an area.  Of course, any regulatory taking is subject to a challenge by affected residents.

In evaluating a regulatory takings challenge, most courts rely on the three-part test outlined in Penn Central Transportation Co. v. New York City, a landmark United States Supreme Court decision.  The court will consider (a) the character of the government’s action, i.e. the type of intrusion, (b) the economic impact of the regulation on the property owner, and (c) the degree to which the regulation interfered with the owner’s reasonable investment-backed expectations. 

In light of this three part-test, it is the opinion of the Tennessee Attorney General that RANRA provisions limiting development in predominantly rural communities, as long as those communities meet certain specified standards, are, on their face, constitutionally permissible.

As a result of the Land Trust’s efforts as well as a number of other partners, The Land Trust for Tennessee holds a conservation easement on Lost Cove and The University of the South now owns Lost Cove.  The acquisition of Lost Cove increased the size of the campus domain from approximately 10,000 acres to approximately 13,000 acres. 

As part of the University, Lost Cove will serve as an invaluable research tool for students studying forestry, biology, and a number of other subjects. 

As holder of the conservation easement, the Land Trust is responsible for monitoring the activities on the property for compliance with the terms of the easement.  The terms of the Lost Cove conservation easement, among other things, provide that the property will never be developed and that Lost Cove will be accessible by the public. 

Congratulations to the Land Trust on this terrific accomplishment!
 

• Is a written agreement that protects land in perpetuity. 
   
• Is an agreement between a landowner and the “holder” of the easement, which is a nonprofit organization whose primary purpose is to preserve open space and its natural resources and habitats. 
   
• Almost always extinguishes the ability of the landowner to develop the property; however, the landowner may retain the ability to build certain structures, so long as those structures are specified in the easement.
   
• Is considered a gift for federal income tax purposes.
   
• Is not a sale of the property, but is like any other easement in that it burdens the land and will continue to do so even though the landowner may deed the property to someone else and that person may deed the land to another and so on.
   
• Does not have to grant members of the public physical access to the land.  The holder and Tennessee law both expect that, in most cases, the public benefit will extend only to the public’s ability to view the property from a public roadway and to the benefit the public receives from the preservation of plant and wildlife habitats.