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Rep. Fragola and land trusts back bill to reduce liability barriers for conservation acquisitions
Summary
House Bill 2,256 would provide a narrow liability exemption to facilitate land transfers to conservation land trusts; proponents said the change targets barriers created by uncertain "legal lot" status, while surveyors urged attention to mechanics.
Representative Lisa Fragola told the committee HB 2,256 aims to remove a specific legal barrier to transfers of land to accredited conservation land trusts.
"This bill is a narrow and focused solution that applies only to land purchased for conservation purposes by a conservation nonprofit," Fragola said, adding that the measure provides an exemption from liability for sellers who transfer lots that may not be legally established but are being sold to a conservation nonprofit. She said the exemption would not create new legal lots nor relieve other liabilities.
Joe Moll, executive director of the Mackenzie River Trust, said land trusts acquire properties for habitat, recreation and drinking-water protection and that the current process of determining whether a parcel is a lawfully established lot can be time-consuming and costly. "When that happens, you can end up with an unwilling seller or an impatient seller unwilling to wait through the process, which means we have no deal," Moll said.
Carson Kendrick, conservation director at the Coalition of Oregon Land Trusts, said the coalition supports the bill and that members worked with land use groups on draft amendments. Daryl Fuller, representing the Professional Land Surveyors of Oregon, said his group did not oppose the intent but requested to review and advise on mechanical amendments to address survey and implementation concerns.
Supporters emphasized that the bill does not change property status or grant buyers any new rights to develop; rather, it would shift some liability risk away from sellers in conservation transactions to encourage willing-seller, willing-buyer deals for public benefit purposes. Committee questions focused on funding sources for land trusts and practical safeguards such as surveys and county processes to cure unlawful lots.
