The Fifth Amendment's takings clause and associated legal precedent prohibits conditioning subdivision and site plan approvals upon a developer's willingness to allow or provide a public trail. When a landowner is requesting a zoning change, or if the zoning ordinance provides density or other bonuses to the developer in return for trail access, there may be an opportunity to negotiate for the desired improvements, especially if they are mentioned in the jurisdiction's comprehensive plan. It is important to have someone at the table early in the process who understands the leverage and mutual interests of each party to negotiate for a connected trail system.
"Both the county's Design Standards Manual and the greenways section of the Open Space and Natural Resource Plan have useful information for developers. We also require a pre-application conference for any new development plan, where natural resource protection areas and bicycle/pedestrian connections are discussed."
- Dan Ashby Mahon, Supervisor, Greenway, Blueway Division,
County of Albemarle Department of Parks and Recreation
Although every greenway project is different, these strategies adapted from "Creating Greenways: A Citizen's Guide" can help move a project from a great idea to a community investment.
Target a demonstration project
Focus on building one section of your greenway that will highlight the positive impacts on the surrounding community. Choose a manageable and popular project.
Secure the land
Develop a matrix or table that includes the parcels under consideration, current use and ownership, existing level of protection (if any), the degree of control needed over each parcel, potential future uses, development threats, available funding, and the needs and wishes of the landowners. Although outright or fee simple purchase of the property will provide the most control over the property, other agreements like easements, conservation restrictions, and negotiations for public access may be all that is needed.
Seek partnerships and work with landowners
Land trusts and other nonprofit organizations can help develop and implement an effective protection strategy and work directly with the landowner to discuss the available options and associated tax benefits. Begin the dialogue with landowners early in the process. Start with the easiest and most accessible properties as the cornerstones of the greenway project. Respect landowners concerns and make modifications as needed.
Develop an implementation strategy and map
Determine which land protection techniques to use for each section of the greenway, and develop a timeline for milestones at both the parcel and the corridor level. Estimate the funding needed for each phase of the project and begin fund raising. A project map should show the corridor in relation to areas already protected, key resources and linkages, and critical parcels. Continue to design, develop and publicize the greenway, and get it on local and regional land-use maps.
Also see Greenways and Trails Toolbox.