Introduction
Creating a Community Land
Trust (CLT) is a valuable way to protect land in a community through ownership
of the land. The most common form of CLT provides for affordable housing by having a CLT own land and by allowing
those who want to own a home to enter into a long-term lease of the land
instead of actually purchasing it. For more information on this traditional CLT
model and how it is used, see other posts relating to the topic here and here. But, while providing affordable housing
is one beneficial use of CLTs, many communities have alternative needs that may
also be met through this model of community stewardship.
A CLT is a nonprofit
organization formed to allow the community to be the stewards of their own space.[1] The
designation of “Community Land Trust” doesn’t come from creating a different
form of legal entity than other nonprofits, but comes from the purpose of the
organization. CLTs are created with the broad purpose of purchasing land in
order to keep it available for use within the community instead of being
vulnerable to outside developers whose use of the land might not be in line
with what the community really needs. As mentioned above, this has most
commonly ended up meaning that the CLT provided options for affordable housing,
but alternatives to this can include retail spaces for entrepreneurs in the
community or even just keeping land open for green spaces in areas that would
otherwise become overdeveloped. Using a CLT to preserve green space in communities
has often been overlooked as an option, but there are many places where having
space for parks, community gardens, or other outdoor activities is the priority
for the people who live there.
Baltimore Green Space
(BGS)[2] in
Baltimore, Maryland is one example of this kind of CLT. BGS focuses their work
on fostering community gardens, pocket parks, forest patches, and other
community-managed open spaces[3]. BGS does
this by purchasing city-owned vacant lots where community members have already
created the kind of outdoor land uses that fits within their mission. The
people in the community can apply to BGS to have BGS take ownership of the land
from the city. This allows the community stewards of the land to continue
creating spaces that improve their neighborhoods while not having to worry
about any potential issues with the city or what will happen to the land if
they are no longer able to care for it.
The model that BGS uses is just one of the many ways that a CLT focused on
protecting green space may be structured, but their success shows just how
valuable a CLT can be outside of the affordable housing realm.
Because CLTs are not
typically used for non-affordable housing purposes, there are not a lot of
examples of how to structure these types of CLTs. . Governance, land stewardship, and liability
are three areas that may be structured differently in green space CLTs than in
affordable housing CLTs. It is
important to consider how these three areas can best serve the purposes of the
organization and the community.
Board
Governance
In a housing focused CLT,
the governing board is usually made up of at least one third of the board of
directors consisting of residents of the housing.[4]
This aspect is inherently different for a green space CLT since there isn’t
anyone living on the land that it owns. When looking to start a green
space CLT, it is important to consider
what limitations should be put on who can be on the board. Should it be limited
to only people in the community? If so, how exactly are the borders of the
community defined? Should the board membership be broadened to include people
in local government for their expertise even though they might not be within
the community? All of these questions must
be considered when finding initial board members and setting up the
bylaws for the election of future board members.
Land
Stewardship
In a housing focused CLT,
generally the occupiers of the land are the ones in charge of taking care of
it.[5] When it
comes to a green space CLT, however, the question of how the land will be cared
for is important to consider before starting to amass vacant plots. In the case
of BGS, they don’t take on ownership of any land unless there are already community
members caring for it.[6] If the
project gets abandoned by whoever was responsible for it, BGS will try to find
new community members to take it over and, if this is unsuccessful, they will
sell the land. For groups looking to create the green spaces themselves, taking
care of the land can become a large responsibility. Is there money in the
budget to pay people to keep the land in good condition? Will the
organization’s members be responsible for the land maintenance? Is there enough
community support to recruit volunteers outside of the organization to help?
These are just some of the questions that need to be considered before forming
a green space focused CLT.
Liability
Since green space focused
CLTs are generally formed for public use, a significant issue to consider is liability. If someone gets
hurt on the land, the organization could be held responsible for it. The Land
Trust Alliance[7] is a
national organization that provides support for land trusts and can be a
valuable resource for affordable insurance for CLTs. However, insurance can still be costly and
only covers certain activities. What does the organization plan to do on the
land? Will there be playgrounds? Can the organization afford to pay for insurance?
Are there local laws that will provide liability protection? If so, are there
limitations on the protection? Can the organization afford legal help if an
accident does happen? How much risk is the organization willing to take on? It
is important to consider these questions before starting a CLT so that the
organization doesn’t end up being held liable for something that it could’ve
been protected from.
[1]
https://community-wealth.org/strategies/panel/clts/index.html
[2] https://baltimoregreenspace.org/
[3] Miriam Avins, The Land Trust Solution: How Baltimore Green Space Uses Land Ownership
to Help Neighborhoods, Cities and the Environment (CATE): Vol. 8: Iss. 2,
Article 17 (2015).
[4]https://community-wealth.org/sites/clone.community-wealth.org/files/downloads/tool-burlington-startingCLT.pdf
[5]
https://community-wealth.org/strategies/panel/clts/index.html
[6] Miriam Avins, The Land Trust Solution: How Baltimore Green Space Uses Land Ownership
to Help Neighborhoods, Cities and the Environment (CATE): Vol. 8: Iss. 2,
Article 17 (2015).
[7] https://www.landtrustalliance.org/