Photo by Bruce Rolfe
By Bruce Rolfe
For months—since Michigan Governor Gretchen Whitmer signed into law Public Act 233 and 234 of 2023 that removes local control from townships and other units of government for siting of certain renewable energy wind, solar, and battery storage facilities—many in the area have been concerned one large piece of land in Climax Township will become a target for an energy company for large scale renewable energy use.
However according to one American Farmland Trust official, when Owen and Ellen Love signed an agreement with AFT that deeded the couple’s historic 667.8 acres to AFT as part of its farm legacy program, the conservation easement filed with the Kalamazoo County Register of Deeds requires the Love farm and land remain in agriculture.
Brian Bourdages, Land Protection Project Manager with American Farmland Trust, said the conservation easement is similar to other conservation easements donated to the Farmland Preservation Trust and generally restricts development, other then for the development of agricultural infrastructure in order to preserve the farm and protect the soil.
The Loves cared passionately about the future of agriculture and wanted to be a model for other farmers to follow. In accordance with the Loves’ wishes, AFT protected their farm with an agricultural conservation easement after the couple died, and sold it in 2010 to the Boersen family, with proceeds establishing the Love Fund.
Bourdages said the land has been transferred to current owners, Ceres Partners. The Ceres Partners website lists the Love Farm at 856 total acres with 774 total tillable acres.
“Owen and Ellen Love made a tremendous legacy when they gifted this farm. Part of that legacy was to insure through a conservation easement that the land would not be converted to non-compatible uses,” said Bourdages.
He adds the conservation easement rides along with the deed so it is incumbent on all future land owners to follow any restrictions in place. A staff member meets with the current land owner each year and drives by the farm to make sure there are no violations.
“We monitor and enforce those restrictions physically on an annual basis,” said Bourdages, who said Farmland Preservation Trust owns many similar conservation easements throughout the country.
Bourdages said if the land owner is considering changing how the land will be used outside of what is in the conservation easement, they must approach AFT first.
“It does require the land owner to make certain requests of us for certain types of activity and certainly any kind of energy generation would be one of those,” said Bourdages, who said Ceres Partners has not made any request to use the Love Farm property for any type of renewable energy activity.
Bourdages adds there is a restriction in the current conservation easement with Ceres Farms that notes any type of energy generation can only be used for the farm operation itself.
“So it’s hard to imagine a world with any kind of commercial solar development would be allowed on that property,” said Bourdages, who said he has worked in farmland preservation all of his career.
Bourdages adds AFT does advocate for Agrivoltaics, which is defined as agriculture, such as crop production, livestock grazing, and pollinator habitat, located underneath solar panels and or between rows of solar panels. But he adds agrivoltaics only works with certain types of farming.
Bourdages said the most recent easement on file was recorded February 26, 2010 with the Kalamazoo County Register of Deeds when the land was transferred to the Boersens. The easement, called the reservation of development rights and conservation restrictions, is a 19-page document that spells out all of the conservation and agriculture values that are being protected, why they’re being protected, how they are protected annually by precluding development and other related uses and what kinds of things are allowed.
He adds a conservation easement is meant to be in perpetuity. It runs with the land regardless of who owns it.
“Ceres could sell it. Then that person could sell it. Then that person could sell it. Then that person could sell it. It’s still going to be subject to a conservation easement held by American Farmland Trust. It’s not temporary,” said Bourdages.
The AFT Land Protection Project Manager adds many get the conservation easement on the Love Farm property confused with P.A. 116, which allows a property owner to pull the land out of protection.
“This is a permanent conservation easement that rides with the land, regardless of ownership,” he said
He adds the current conservation easement states, “other improvements, including, but not limited to small scale facilities for the generation and transmission of electric power, may be built on the property but only with the permission of AFT.”
“So one, it (has to be) small scale. And two, they would have to ask us. And three, it would have to protect the agricultural uses of the property because that’s the fundamental design,” explained Bourdages.
In the March 15, 1996 Climax Crescent announcing the Love’s agreement with AFT, Ellen said despite attractive offers from developers, her husband always had remained committed to protecting the farm.
“It just sickened him when prime farm land, such as ours, was turned over for development. He wanted to set a good example and be sure our farm would never be used for anything but agriculture. It seemed to settle his mind when all of that had finally been taken care of,” Ellen told the Climax Crescent in the March 15, 1996 article.
Signing the agreement with AFT wound up being one of the last things Owen did before he died. The March 15, 1996 Climax Crescent notes a mere day before he suddenly was felled by the illness that took his life, Owen and his wife signed the agreement with AFT.
The Loves left a legacy, but also had a vision that hopefully will remain in place.
For months—since Michigan Governor Gretchen Whitmer signed into law Public Act 233 and 234 of 2023 that removes local control from townships and other units of government for siting of certain renewable energy wind, solar, and battery storage facilities—many in the area have been concerned one large piece of land in Climax Township will become a target for an energy company for large scale renewable energy use.
However according to one American Farmland Trust official, when Owen and Ellen Love signed an agreement with AFT that deeded the couple’s historic 667.8 acres to AFT as part of its farm legacy program, the conservation easement filed with the Kalamazoo County Register of Deeds requires the Love farm and land remain in agriculture.
Brian Bourdages, Land Protection Project Manager with American Farmland Trust, said the conservation easement is similar to other conservation easements donated to the Farmland Preservation Trust and generally restricts development, other then for the development of agricultural infrastructure in order to preserve the farm and protect the soil.
The Loves cared passionately about the future of agriculture and wanted to be a model for other farmers to follow. In accordance with the Loves’ wishes, AFT protected their farm with an agricultural conservation easement after the couple died, and sold it in 2010 to the Boersen family, with proceeds establishing the Love Fund.
Bourdages said the land has been transferred to current owners, Ceres Partners. The Ceres Partners website lists the Love Farm at 856 total acres with 774 total tillable acres.
“Owen and Ellen Love made a tremendous legacy when they gifted this farm. Part of that legacy was to insure through a conservation easement that the land would not be converted to non-compatible uses,” said Bourdages.
He adds the conservation easement rides along with the deed so it is incumbent on all future land owners to follow any restrictions in place. A staff member meets with the current land owner each year and drives by the farm to make sure there are no violations.
“We monitor and enforce those restrictions physically on an annual basis,” said Bourdages, who said Farmland Preservation Trust owns many similar conservation easements throughout the country.
Bourdages said if the land owner is considering changing how the land will be used outside of what is in the conservation easement, they must approach AFT first.
“It does require the land owner to make certain requests of us for certain types of activity and certainly any kind of energy generation would be one of those,” said Bourdages, who said Ceres Partners has not made any request to use the Love Farm property for any type of renewable energy activity.
Bourdages adds there is a restriction in the current conservation easement with Ceres Farms that notes any type of energy generation can only be used for the farm operation itself.
“So it’s hard to imagine a world with any kind of commercial solar development would be allowed on that property,” said Bourdages, who said he has worked in farmland preservation all of his career.
Bourdages adds AFT does advocate for Agrivoltaics, which is defined as agriculture, such as crop production, livestock grazing, and pollinator habitat, located underneath solar panels and or between rows of solar panels. But he adds agrivoltaics only works with certain types of farming.
Bourdages said the most recent easement on file was recorded February 26, 2010 with the Kalamazoo County Register of Deeds when the land was transferred to the Boersens. The easement, called the reservation of development rights and conservation restrictions, is a 19-page document that spells out all of the conservation and agriculture values that are being protected, why they’re being protected, how they are protected annually by precluding development and other related uses and what kinds of things are allowed.
He adds a conservation easement is meant to be in perpetuity. It runs with the land regardless of who owns it.
“Ceres could sell it. Then that person could sell it. Then that person could sell it. Then that person could sell it. It’s still going to be subject to a conservation easement held by American Farmland Trust. It’s not temporary,” said Bourdages.
The AFT Land Protection Project Manager adds many get the conservation easement on the Love Farm property confused with P.A. 116, which allows a property owner to pull the land out of protection.
“This is a permanent conservation easement that rides with the land, regardless of ownership,” he said
He adds the current conservation easement states, “other improvements, including, but not limited to small scale facilities for the generation and transmission of electric power, may be built on the property but only with the permission of AFT.”
“So one, it (has to be) small scale. And two, they would have to ask us. And three, it would have to protect the agricultural uses of the property because that’s the fundamental design,” explained Bourdages.
In the March 15, 1996 Climax Crescent announcing the Love’s agreement with AFT, Ellen said despite attractive offers from developers, her husband always had remained committed to protecting the farm.
“It just sickened him when prime farm land, such as ours, was turned over for development. He wanted to set a good example and be sure our farm would never be used for anything but agriculture. It seemed to settle his mind when all of that had finally been taken care of,” Ellen told the Climax Crescent in the March 15, 1996 article.
Signing the agreement with AFT wound up being one of the last things Owen did before he died. The March 15, 1996 Climax Crescent notes a mere day before he suddenly was felled by the illness that took his life, Owen and his wife signed the agreement with AFT.
The Loves left a legacy, but also had a vision that hopefully will remain in place.
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