What is the difference between a development agreement and a conservation easement?

A development agreement and a conservation easement are two types of land use law in Hawaii that help protect the environment while allowing people to use the land. A development agreement is an agreement between a landowner and a county or other government entity that dictates how the land can be used. Development agreements often have specific stipulations, such as how much land can be developed or how much open space must remain, and specify what types of activities may or may not occur on the land. A conservation easement is a legal agreement between a landowner and a government or non-profit organization that allows the landowner to keep the land in its natural state, while also receiving certain financial and tax benefits. These agreements are often used to protect areas with significant environmental or scenic value. The landowner will retain certain rights over the land, such as the right to timber harvesting or hunting, but the easement will dictate how the land is used going forward. In summary, a development agreement is more focused on allowing for certain types of development on a piece of land, while a conservation easement is designed to protect the land in perpetuity, without allowing certain types of development.

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What is the difference between a development agreement and a conservation easement?

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