United States v. Blackman

613 S.E.2d 442 (2005)

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Nature of the Case

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Facts

Historic Green Springs, Inc. (HGSI) was created by local landowners to stop the State of Virginia from building a prison. Local citizens organized it as a non-profit group, which obtained donations of easements for land conservation and historic preservation from landowners and initiated an effort to have the area designated as a National Historic Landmark District. The Green Springs Historic District was ultimately designated as a National Historic Landmark in 1974. D.L. Atkins and Frances Atkins granted to HGSI an assignable easement over several parcels of their property. The Easement states that it was 'in consideration of the grant to the Grantee of similar easements in gross by other owners of land in the said Green Springs Historic District for similar purposes…” In 1978, HGSI conveyed its entire portfolio of easements to P. In the resulting deed of easement all of the original grantors of similar easements within the District acknowledged their agreement to the conveyance by affixing their signatures to the deed. The National Park Service (NPS) now administers these easements. The Easement at issue (Eastern View Farm) provides that the manor house will be maintained and preserved in its present state as nearly as practicable, though structural changes, alterations, additions, or improvements as would not in the opinion of the Grantee fundamentally alter its historic character or its setting may be made thereto by the owner, provided that the prior written approval of the Grantee to such change, alteration, addition, or improvements shall have been obtained. This provision applies as well to those 18th and 19th Century outbuildings located on the described property. D purchased Eastern View Farm on July 1, 2002. D submitted several sets of renovation plans to the NPS for review and all were denied. By January 13, 2004 D had had enough and decided to proceed with the renovations. D removed the porch from his house. P filed this and the Judge issued a temporary restraining order restraining D from 'commencing and/or continuing renovation work to the manor house located on the Eastern View Parcel unless he has first obtained written approval from NPS. D argued that the original deed of easement was invalid because at the time it was purportedly created, Virginia law did not recognize any kind of negative easement in gross, including such easements for land conservation and historic preservation. D claims such an easement was not valid until 1988 with the passage of the Virginia Conservation Easement Act (VCEA), Code §§10.1-1009 through 10.1-1016. The court certified a question as to whether 1973 Virginia law allowed a deed granting a negative easement in gross to a third party for land conservation and historic preservation.