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Black Swamp Conservancy Assisted by Eastman & Smith in Establishing Conservation Easement to Preserve and Restore Wetlands at Pearson Park

1/23/08

The Black Swamp Conservancy, a local non-profit land trust, recently accepted a conservation easement from the Toledo Metroparks to ensure the preservation of approximately 26 acres of important wetlands and the restoration over time of another 184 acres of wetlands located on property at Pearson Park in Oregon, Ohio. The Toledo Metroparks, working with the Ohio Wetlands Foundation and other governmental entities, acquired this property through a Clean Ohio Greenspace Conservation Grant. Through a cooperative effort of non-profit, state and federal organizations, the property was approved as a "wetlands mitigation bank", meaning that developers and other entities required by law to mitigate against impacts they cause to wetlands and other waters can fulfill their obligations by buying "credits" which will then fund the restoration of wetlands at the new Pearson Park property.

The Black Swamp Conservancy's role in this important local restoration project is to act as the grantee or trustee under the new conservation easement entered into with the Toledo Metroparks to ensure that the property is preserved, restored, enhanced and protected in the future as an undeveloped high quality wetlands property for the benefit of the public. In fulfilling this role, the Black Swamp Conservancy will conduct periodic site inspections of the property to confirm that its important conservation values are being maintained and may take actions, if necessary, to protect those values.

Including the Pearson Park project, the Black Swamp Conservancy now has over 7,000 acres of natural greenspace and farmland, primarily in Northwest Ohio, under ownership and/or the protection of conservation easements. Eastman & Smith attorneys Gene R. Abercrombie and David W. Nunn assisted the Black Swamp Conservancy in establishing the conservation easement at Pearson Park, and have negotiated a number of other conservation easements with landowners concerned about protecting natural resources for the benefit of future generations. Mr. Abercrombie is a member of Eastman & Smith who concentrates his practice in the area of real estate law. Mr. Nunn is also a member of the Firm. His practice covers a wide range of environmental areas. Should you like additional information on conservation easements, please contact either attorney at 419-241-6000.

For more information about the Black Swamp Conservancy, please visit their web site www.blackswamp.org.

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