Access digital copies of guides and regulations publications from the Nebraska Game and Parks Commission.
Issue link: http://digital.outdoornebraska.gov/i/1521208
TYPES OF LAND ACQUISITION Fee Simple Title The landowner has complete and total ownership of a piece of land and all properties on it. This is the best and most desirable way to obtain property for trail development. Warranty Deed A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it to the grantee (buyer), in contrast to a quitclaim deed, where the seller does not guarantee that they hold title to a piece of real estate. Quitclaim Deed This is a way that an owner of a property transfers legal interest in the land to another person or political subdivision, but there is no warranty of title. While this is acceptable, it is encouraged to either work to obtain the property through fee simple title or get an easement on the property. Be aware a quitclaim deed makes no assurance that the owner has an ownership interest in the property. It merely states that if the owner does, they release those ownership rights. There could be disputes in the future about the property because there is no guarantee that there aren't easements or development on the property. Permanent Easement A permanent easement is a right to use another person's real estate for a specific purpose, like a trail. This could be with a private landowner, a railroad, or public entities like a utility company. Permanent easements are in perpetuity, or forever. If the land were ever sold this easement transfers with the sale of property. If you cannot own the property through fee simple title, this is a good way to obtain land, especially if it's small pieces that connect your trail together. Easement agreements can be written to relieve the owner from liability. Don't be afraid to use this method, just make sure to be clear and concise in your documentation. Temporary Easement This is the same as a permanent easement except that it is for a given amount of time. Depending on the federal grant used, a trail must be maintained for a set number of years or even forever, so the easement could be for that amount of time with the option to renew easement. While this way to obtain is acceptable, it isn't the most desirable because the hope is that the trail will be used and maintained for generations to come. Private lands change hands, and if the next owner terminates the easement you would have to remove the trail at your own cost and possibly incur other penalties depending on the federal grant used. Eminent Domain In Nebraska, there are governmental entities that are allowed to use Eminent Domain to obtain land. This is where the government can take private property and convert it into public use with just compensation. While this practice can occur to obtain land legally, it can make you ineligible for some types of federal funding. This is the least desirable way to obtain land for a trail; trails should be something supported by the community and not forced. The Friend Recreational Trail was funded by RTP. TIME TO PAUSE Take time to determine the best option for your long-term goals and use of your trail. The easiest or fastest way isn't always best. 23 LAND ACQUISITION