"Open Space" questions

[tfox]

One thing to note is that there's several distinct types of open space.

Some "open space" is still privately owned and often farmed or ranched -- the open space refers to a conservation easement which essentially ensures that it won't be developed. At the same time, the owners can and probably will put up a fence and "No Tresspassing" signs up on their property.

Other open space is actually owned by conservation trusts (e.g., the Nature COnservancy, et al) or governmental entitites and does have facilities and right of way for recreational use of the land -- in this case it's more like a state park. Usually such land will still have the conservation easemtn.

Of course, some "open" land owned by governmental agencies like the State Land Board expresedly DO NOT reserve the land for conservation for perpetuity -- they regularly sell or lease land for a variety of purposes, including development, in order to raise revenue for the state and specifically education. Also, even federal land like BLM land can sometimes be sold for development and other purposes.

It's actually a bit tricky to find out whether open space is truly open or not, but the information is there. Land that is perpetually held for conservation should have a conservation easement on land. If not, there's not guarantee that it can't later be developed.

[Katarina Witt]

Originally Posted by 2bindenver

No offense taken. I only tell buyers that the "open space" is indeed open space, because the seller told me so.

Most "open space" is on a renewable 100 year lease.

Fair enough. Before Louisville was built out, there was a goodly amt of open land in town. Many people thought it was all city-owned open space. We obtained an open space map and learned otherwise. We were not as unpleasantly surprised as others when some of it was developed.

[livecontent]

Originally Posted by 2bindenver

No offense taken. I only tell buyers that the "open space" is indeed open space, because the seller told me so.

Most "open space" is on a renewable 100 year lease.

Thank you for this information. Perhaps you can give us more information on your statement about "most 'open space' is on a renewable 100 year lease" for open space land?? Since I do not work full time, part time, or just hold a license for real estate--I am ignorant about your statement.

It is my understanding that a "conservation easement" is used by land trusts, in addition to "fee title", to perpetual restrict the use of land---which means forever. That is how most all open space is acquired in Colorado and throughout the country.

That, of course, is in addition to parks, recreational land etc. which are government owned which in a parochial definition are not "open space" but are considered generally by the public as such.

Thanks,

Livecontent

[livecontent]

Originally Posted by tfox

One thing to note is that there's several distinct types of open space.

Some "open space" is still privately owned and often farmed or ranched -- the open space refers to a conservation easement which essentially ensures that it won't be developed. At the same time, the owners can and probably will put up a fence and "No Tresspassing" signs up on their property.

Other open space is actually owned by conservation trusts (e.g., the Nature COnservancy, et al) or governmental entitites and does have facilities and right of way for recreational use of the land -- in this case it's more like a state park. Usually such land will still have the conservation easemtn.

Of course, some "open" land owned by governmental agencies like the State Land Board expresedly DO NOT reserve the land for conservation for perpetuity -- they regularly sell or lease land for a variety of purposes, including development, in order to raise revenue for the state and specifically education. Also, even federal land like BLM land can sometimes be sold for development and other purposes.

It's actually a bit tricky to find out whether open space is truly open or not, but the information is there. Land that is perpetually held for conservation should have a conservation easement on land. If not, there's not guarantee that it can't later be developed.

very good information. It appears that we were posting at the same time to give more accurate information about how open space is acquired and I was not able to read your post first (then I would have remained silent)--but your post was more extensive and beat me by 2 minutes.

Livecontent

[Katarina Witt]

Many cities also own "open space". Some, such as Louisville, require that a development dedicate a certain amt of land to open space. When Louisville was growing a lot, there was much criticism that a lot of "dedicated open space" was simply land that was unbuildable. But there is a lot of open land in the city, upon which are built the bike paths, etc.

[Dreaming of Hawaii]

and what's really funny is how the developers try to count the unbuildable area around the oil/gas wells as "open space". The oil/gas companies require that nothing be built within 150' of their facilities, so you draw a circle with a radius of 150' that basically is useless. Some cities actually will let them count that as open space!

[BillRadio]

Jefferson County began the purchase of urban land to be designated as Open Space with a 1% sales tax specifically to that end. The state followed the idea many years later by designating the majority of the money raised by the Colorado Lottery to go toward Open Space. But they didn't define "Open Space" that clearly, and award money to groups and municipalities who come up with a plan that somewhat hints of open space...like a skate park.

Fortunately, it's a huge sum of money and some areas purchased are done so just to preserve the view (such as along I-25). An Open Space fund or Trust buys the property without any easement, they just let the old owner live there as long as they want, as long as they don't build anything.

Another form of Open Space is when a rancher wants to sell but no agency has the money or the staff to make the deal. Fortunately, there are over 50 land trusts in the state who can cut through the red tape, come up with a few million dollars, and grab a large piece of land before it can go to developers. The trusts later get their money back when some agency comes up with the money to buy that parcel and officially dedicate it as Open Space. It's a program that Colorado should be very proud of. Other states envy our foresight.