Legal Models We’ve Explored

We have explored various legal and governance approaches with values-aligned legal and cooperative development professionals as well as through interviews with values-aligned projects of similar scopes. Additionally, we have delved into the Sovereign Ecosystem Land Trust (SELT) model, which introduces innovative frameworks for ecosystem rights and stewardship. The SELT model, along with the Community Land Trust (CLT) and Cooperative models, offers valuable insights and possibilities for our evolving vision.

The Community Land Trust (CLT) and Cooperative models resonate deeply with the philosophy and values of Sky World Village. These models provide complementary frameworks for ensuring equitable land stewardship and fostering shared governance. The CLT prioritizes perpetual community benefit and ecological stewardship, while the Cooperative empowers members through democratic participation and mutual support, creating a holistic approach to community-driven sustainability and interdependence.

As we continue to evolve, we are considering these and other models to shape a framework that best aligns with our mission and values.

CLT

Community Land Trust Model

The Community Land Trust (CLT) focuses on acquiring and holding land in trust to ensure it is used in perpetuity for the community’s benefit. Land is owned by the CLT, which leases it to individuals, cooperatives, or organizations for purposes aligned with its mission, such as affordable housing, sustainable agriculture, or cultural restoration. This model protects the land from speculative markets and promotes equitable access to resources.

Key Features of the CLT Model:

  1. Ownership and Stewardship: The CLT holds the title to the land, ensuring its use aligns with long-term community benefit and ecological sustainability.

  2. Ground Leases: Long-term leases allow individuals or organizations to build, farm, or operate on the land while adhering to the CLT’s principles.

  3. Community Governance: The CLT is governed by a tripartite board that includes leaseholders, community members, and public interest representatives, ensuring broad accountability.

  4. Affordability: The CLT model ensures affordability by controlling resale prices or lease terms to prevent speculative increases.

Pros:

  • Ensures long-term affordability and access to land.

  • Protects land from speculative markets.

  • Promotes community involvement and accountability.

  • Aligns well with ecological and cultural restoration goals.

Cons:

  • Requires substantial upfront funding to acquire land.

  • Administrative complexity in managing leases and compliance.

  • May face challenges balancing diverse stakeholder needs.

Co-Op

Cooperative Model

The Cooperative model complements the CLT by providing a democratic platform for shared ownership and management of community-driven projects. The Cooperative operates as an independent entity but works closely with the CLT to manage activities on the land, ensuring alignment with shared values and principles.

Key Features of the Cooperative Model:

  1. Membership Structure: Members of the Cooperative include residents, project leaders, workers, and community supporters, ensuring diverse representation.

  2. Democratic Governance: A Governance Council, elected by members, oversees the Cooperative’s operations, policies, and resource allocation.

  3. Mutual Support: Members collaborate on shared goals, pooling resources and expertise to advance economic, cultural, and social sustainability.

  4. Revenue Generation: The Cooperative generates income through membership dues, revenue-sharing agreements with projects, and cooperative-owned ventures, ensuring financial sustainability.

Pros:

  • Empowers members through democratic decision-making.

  • Encourages collaboration and shared responsibility.

  • Flexible structure accommodates diverse projects and stakeholders.

  • Generates income to support member initiatives and sustainability.

Cons:

  • Governance can be time-intensive, requiring active participation from members.

  • Financial viability depends on successful project implementation and income generation.

  • Potential for conflict among members with differing priorities.

SELT

Sovereign Ecosystem Land Trust (SELT) Model

The Sovereign Ecosystem Land Trust (SELT) is a transformative approach innovated by the Northeast Farmers of Color Land Trust and Earth Law Center to land stewardship that seeks to dismantle the traditional private property paradigm by recognizing ecosystems as living entities with enforceable rights. SELTs combine elements of conservation and community land trusts with innovative legal frameworks, such as "Right Relationship" and "All Species Access" easements, to prioritize ecological health, cultural respect, and equitable land access. Trustees act as guardians of the land, ensuring the rights and integrity of ecosystems are honored and upheld, guided by Traditional Ecological Knowledge (TEK) and principles of restorative justice.

SELTs aim to create a system where ecosystems are functionally self-owned, with human stewards ensuring their rights are protected and enforced. This model integrates Indigenous land stewardship practices, offers access for cultural and spiritual uses, and emphasizes interdependence among all living beings.

Key Features of the SELT Model

  1. Ecosystems as Beneficiaries: Ecosystems are granted enforceable rights, recognized as beneficiaries of the trust.

  2. Innovative Easements: Includes easements such as Right Relationship, Cultural Respect, and All Species Access to protect ecological and cultural integrity.

  3. Indigenous and Community Representation: Governance includes Indigenous voices, local community members, and ecological experts.

  4. Spiritual and Ceremonial Integration: The model incorporates ceremonies and practices to honor the land.

  5. Guardianship Framework: Trustees act as guardians to enforce ecosystem rights, bridging legal and ecological systems.

Pros

  1. Philosophical Alignment: Resonates with Indigenous principles and the Rights of Nature movement, fostering equity and ecological balance.

  2. Innovative Legal Recognition: Challenges and redefines private property norms to prioritize ecological health over human exploitation.

  3. Holistic Stewardship: Integrates ecological science, TEK, and cultural practices to ensure long-term sustainability.

  4. Community Empowerment: Involves diverse stakeholders in governance, creating equitable access and shared responsibility.

  5. Adaptable Framework: Can leverage existing nonprofit structures while advocating for legislative advancements.

Cons

  1. Legal Challenges: Current laws may not recognize ecosystems as valid beneficiaries, complicating enforcement of rights.

  2. Operational Complexity: Balancing roles of trustees, guardians, and community stakeholders requires robust governance systems.

  3. Funding Requirements: High upfront costs for land acquisition and administrative operations may limit scalability.

  4. Cultural Shift Needed: Requires significant public education to shift societal norms around land ownership and stewardship.

  5. Enforcement Barriers: Courts may struggle to assess damages or violations against ecosystems due to a lack of legal precedent.