TechNet's comments on SB 1145 are attached.

Please see attached for suggested amendments to better comply with existing law and reasonably balance trespassing liability.

Good afternoon to the Chair and Members of the Civil Subcommittee: As an attorney whose practice has included land conservation for nearly twenty years in representation of both landowners and easement holders, I am generally supportive of what Senator Perry is trying to achieve with SB 1435 but the bill as written has some problems that would be addressed with a friendly amendment. I would gladly support the Senate Substitute of this bill if it were amended as follows: In line 14, after "§ 10.1-1009," insert: "or an open-space easement, as such term is defined in § 10.1-1700." In line 17, after "conservation easement," insert "or an open-space easement." In line 19, after "conservation easement," insert "or an open-space easement." After line 21, add the following sentences: "Compensation required to be paid to the Commonwealth under (i) of this section above shall be in addition to (1) any compensation required by the provisions of the conservation easement due to the landowner and Holder, as defined under § 10.1-1009 or compensation required by the provisions of the open-space easement due to landowner and the public body, as defined under § 10.1-1700, and (2) fulfilling the requirements of § 10.1-1704 pertaining to the conversion or diversion of open-space land. Any compensation paid to the Commonwealth or the locality shall be used in a manner consistent with the conservation purposes of the conservation or open-space easement extinguished or open-space land that is converted or diverted." These amendments will ensure that SB 1435 will apply to easements created pursuant to both the Conservation Easement Act and the Open-Space Land Act, and they will ensure that SB 1435 is not interpreted to supersede any other methods of compensation required by the deed of easement (including methods of compensation required by federal tax and state tax law). I plan to attend today's meeting and speak to these points, but I wanted to make sure that these comments were available in advance. Thank you for your service to the Commonwealth. Kerry