3.3   Contact Owner

Initial Contact

Obtaining the title report (step 3.2) should determine who owns the lands and resources. If the owner was not identified at this earlier step, the owner may be ascertained by accessing maps and data or by contacting relevant management agencies (see Contact Information).

The draft project proposal should be introduced to and reviewed by the land or resource owner (this step may first require an introduction to leasing and ownership as a conservation strategy). The land or resource owner should comment on the draft proposal. Depending on the project proponent's historical working relationship with the owner and owner's receptivity to being approached by the project proponent, this initial discussion may need to proceed slowly and with sensitivity.

Ocean and Coastal-specific Issues: Private owners of lands and resources lying within ocean and coastal waters may not realize that they own the lands and resources. Oftentimes private ownership of such lands and resources is in connection with adjacent uplands, where the upland landowner's use and occupancy has focused. Also, ownership of such lands and resources may have been achieved for long-past business activities (such as shellfish harvesting) which are no longer in operation. With the lands and resource left fallow, private owners may have forgotten about their existence and not realize their potential financial or ecological values. Lastly, oftentimes ownership lines of lands and resources lying within ocean and coastal waters may not be clear. Public or private entities may believe they own certain lands and resources, but are not able to provide proof of ownership.

Fee-title-specific Issues: Lands and resources lying within ocean and coastal waters that are owned by public agencies are rarely for sale in fee-title. While this is not always the case, fee-title purchase of such lands and resources will likely be from private owners only.

Lease-specific Issues: If the land or resource owner is a government agency with leasing authority, this is an appropriate time to obtain the agency-specific lease applications, procedures, requirements, and standardized/template lease documents (if they exist). The agency may not have previously considered using its leasing authority for conservation purposes so a careful approach is recommended.

Uniform Relocation Act Notice

Important Note: If there is any chance that federal funds will be used in the deal (either in the deed-in or in the later deed-out), federal law requires that a Uniform Relocation Act (URA) Notice must be sent to the owner prior to discussing property value or financial offers (i.e., before a Letter of Intent (LOI) is sent).

Fee-title-specific Issues: URA notices may not be necessary for acquisitions of public property. However, to be safe, it is wise to send the URA Notice in any case federal funds are being used. If there are good reasons for not doing so, then an attorney should be consulted. 

Lease-specific Issues: URA notices may not be necessary for leases less than 50 years in duration. However, to be safe, it is wise to send the URA Notice in any case federal funds are being used. If there are good reasons for not doing so, then an attorney should be consulted. 

Letter of Intent

An Letter of Intent (LOI) is optional. Some business people skip this step, but others do it because it can be useful for sketching out basic deal points before much time and energy is invested in negotiating documents. LOIs should always be worded carefully to ensure they are “non-binding.”

Disclosure Form

Organizations may want or need to obtain a disclosure form from the owner. A disclosure form will confirm that the Seller does not have a conflict of interest with organization.