Archived: Must an easement allow public access?

Landowners who grant conservation easements make their own choice about whether to open their property to the public. Some landowners convey certain public-access rights, such as allowing fishing or hiking in specified locations, or permitting guided tours. Others may elect to keep their property closed. Some types of easements require access. For example, if the easement is given for recreation or educational purposes, public access is required. For scenic easements, at least some of the property must be visible to the public, but physical access is not necessary. Access generally is not required for easements that protect wildlife or plant habitats, or agricultural lands.

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