Locust Grove Land Acquistion Project
or
EXTINGUISHING
Elise Hamilton Kinkead's Southwood Legacy

Should Your Open Space Tax Dollars be utilized to protect
already Protected Open Space ?????
[Links are PDF Files]
Elise Hamilton Kinkead's Will - Partial - See 3 D
1989 Dutchess County Deed w/Covenant & Conservation Easement
Ginny's Oct. 18, 2006 Public Hearing Comments
The Hamilton-Kinkead Family Plot - Poughkeepsie Rural Cemetery

Extinquishing
Elise Hamilton Kinkead's Southwood Legacy

Town of Poughkeepsie Resolution March 19,2008 PDF file According to the Town Attorney - the previous conservation easement will be "extinguished" by what means is yet to be determined Since it appears it took less than 20 years to extinguish the 1989 Conservation Easement - one can only think that with the current state of legal maneuverings regarding this new 2008 Conservation Easment - it could be extinguished in an even shorter time frame. Public Hearing - April 23, 2008

I have no problem with Locust Grove acquiring the Poughkeepsie Rural Cemetery parcel. In fact I am in favor of it and protecting open space in general.. However, Locust Grove's acquistion should NOT be done with taxpayer ( Town or County ) dollars under the guise of protecting open space when the parcel is already protected as open space!
October 25, 2006 - WELL FOLK'S this matter PASSED - the Poughkeepsie Town Board authorized a donation of $150,000 taxpayer dollars to a private entity to protect already protected open space - Stay Tuned for further developments - the Town still has to approve the "development restriction" and the County has to approve their contribution before the Town can donate a dime - E-mail Ginny

The October 25, 2006 Resolution

The November 15, 2006 Resolution
Oopps - Time to Play CYA!

Weekly Beat Article - October 27, 2006

Click Here- READ - LET THE PUBLIC'S VOICE BE HEARD!

How is Locust Grove is going to allow public access upon the trails on the Southwood Parcel?

3.6 of the conservation easement seems to say that rights of public access are the right of the Grantor
(Elise Hamilton Kinkead's Estate).

"3.6 Public Access. 
Public access shall be permitted on the property subject to the Grantor's reasonable regulation of such access."

Also Section 2  - Conservation Easement - Reserved Rights
"Nothing herein shall be construed as a grant to the general public of any right
to enter upon any part of the property except as specifically set forth herein"
[I don't find any specific public rights of access set forth within the conservation easement except possibly for cemetery purposes ie the public visiting a Mausoleum, Columbarium, Chapel.]

Section 4.2 - Conservation Easement
"This conservation Easement may be amended upon the written consent of the Grantee [Dutchess Land Conservancy].  Any such amendment shall be consistent with the basic purpose of this Conservation Easement and shall comply with Article, 49, Title 3 of Conservation Law or any regulations promulgated pursuant thereto."

To me the public access question remains unanswered - is the right of PUBLIC ACCESS
within Locust Grove's right to give.