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and LTC understood that restrictions were not placed on
petitioners’ use of the unencumbered portions of the property.
Petitioners also understood at those times that they (or a
subsequent owner of the property) could develop the unencumbered
portions of the property in any desired way (subject to zoning
limitations). Petitioners did not consider at those times
whether or how development of the unencumbered portions of the
property would affect the ecosystem of the portions of the
property covered by the conservation easements. Petitioners did
not grant any restrictive easement on the middle of the property
because they wanted to be able to develop it if they desired.
LTC wanted to obtain the conservation easements, and sought
and continues to seek to obtain similar conservation easements in
northern Michigan, because LTC believes that northern Michigan is
relatively undeveloped as compared with other parts of the State.
Significant and abundant natural resources are present in
northern Michigan, particularly around M-119 and the nearby
shoreline, and LTC believes that these resources may be
threatened by overdevelopment. LTC attempts to balance a
development of northern Michigan with a development of new nature
preserves and the protection of areas for wildlife and scenic
views.
LTC made a special effort in the 1990s to attempt to
conserve land in the area of the property. Bald eagles were
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