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Council approves conservation easement to aid tribe’s effort to preserve historic tree at Oak Grove Cemetery
Summary
Council approved a conservation easement allowing a tribe to carry out limited conservation work on a ~250-year-old Native American wayfinding tree in Oak Grove Cemetery; the easement grants enduring rights limited to preserving the tree and includes conditional termination language (for example, if the tree dies).
The Coldwater City Council on Jan. 26 approved a conservation easement formalizing a tribe’s effort to preserve a damaged Native American wayfinding tree at Oak Grove Cemetery.
City Attorney Amanda O'Boyle said the tree, estimated at about 250 years old, sustained damage in a past ice storm and is leaning though still alive. The tribe approached the city seeking the ability to conduct conservation measures; O'Boyle said the tribe requested an easement rather than a limited license to ensure the tribe’s efforts would not be subject to unilateral revocation after they invest in preservation work.
O'Boyle explained the easement grants specific, limited rights to conserve the tree and is not for other uses. The council discussed conditional language in the agreement, noting the easement may terminate under certain conditions—such as if the tree dies or if the tribe determines conservation is not feasible. O'Boyle said easements convey property rights that are not freely terminable by the city and would require agreement to terminate or a court order to modify.
Council adopted Resolution 26-07 to enter the conservation easement and formalize the tribe’s limited rights to care for the tree. No council member objected during the recorded voice vote.
