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returning to that area, and LTC believed that bald eagles are
very sensitive to human activity. Much development also had
occurred near the property, including the subdividing of land in
a manner that LTC believed threatened to hurt the scenic quality
and drive out the wildlife. LTC wanted to minimize any
development of the shoreline on or near the property so as not to
drive out the bald eagles, to protect the natural scenic beauty
of the bluff, and to protect the habitat for local wildlife and
plants including Lake Huron tansy and pitcher’s thistle.
LTC acknowledged and accepted the conservation easements on
the basis of the legal descriptions set forth in deed 1 and deed
2. LTC accepted the conservation easements in part to protect
the Lake Michigan shoreline of the property going up to and over
the top of the bluff so as to preserve intact the present or
potential habitat there for wildlife and plants. LTC also
accepted the conservation easements in part to protect the
structure of the bluff itself; e.g., by controlling any erosion
of that bluff. The bluff is sandy, delicate, and subject to
erosion. Building on the bluff would erode the bluff and
displace the vegetation growing on it.
The conservation easements have not restricted petitioners’
use or enjoyment of the property but have limited the development
of encumbered shoreline 1 and encumbered shoreline 2
(collectively, encumbered shoreline). Petitioners contributed
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