Land exchange - swapping properties to protect or restore important ecosystems

Land swaps are the exchange of one real estate for another. This tool can be used by public authorities to secure land for protecting or restoring important ecosystems.

Specific Advice

Authorities and landowners can consider swapping land if the land needs to be secured to protect or restore important ecosystems when other policy tools or buying the land is not an option.

First, an appropriate location should be identified based on the societal challenge one aim to address, while considering feasibility based on the current land use and land ownership.

A second step is to initiate dialogue with the property owner.

Third, identify municipal land that can be offered in exchange, which should be of similar value for the property owner but at the same time not vital for the municipality.

Good to Know

The legislation in each country may have implications for what land can be swapped, for which purposes and between which actors. Assessing the legal aspect is therefore important before deciding to use this approach.

In some cases, it may be possible to protect or restore an area without having to acquire the land, for example by regulating the land through land-use plans, collaborating with the landowner, or offering funds for voluntary protection.

Context

Land swaps are the exchange of one real estate for another with or without the payment of money or other goods. Land swaps also refer to the exchange of smaller areas. The rules for purchase and sale essentially apply to deeds of exchange, with each party being regarded as the seller of the property disposed of, and as the buyer with regard to the property received.

For example, land swaps can be used when a municipality wants to protect, restore or re-establish a wetland in a specific area owned by someone else. This specific area might be especially important because of the characteristics of its ecosystem, location, hydrology, geology etc.

The municipality can use land swaps as a tool to acquire the private piece of land by offering another piece of land currently owned by the municipality. The municipality would then enter into a negotiation with the current landowner, to settle on an agreed compensation.

The examples below represent two approaches for swapping land in Denmark and Sweden. In Norway, some municipalities have considered swapping land (using ‘makeskifte’) to restore peatland, but there are few examples yet.

Examples and Cases

Nordic examples of land swaps:

#SWEDEN – NÄMDÖSKÄRGÅRDENS NATIONAL PARK

A new national park is planned in the Stockholm archipelago. In a national park the state, in this case the Swedish EPA (Naturvårdsverket), must own the land and water. The needed areas were acquired by swapping land with The Archipelago Foundation (Skärgårdsstiftelsen ) in Långviksskärs nature reserve and Skärgårdsstiftelsen instead becomes a property owner within the Fjärdlång nature reserve.

More information about the national park can be found here:

Stockholm County Administrative Board provide more information about the planning process for the new national park: https://www.lansstyrelsen.se/stockholm/natur-och-landsbygd/skyddad-natur/bildande-av-en-nationalpark-i-namdoskargarden.html

#DENMARK – Planning for multifunctional land consolidation in Assens

Danish name of the project: Strategisk helhedsplan for Holmehave (Strategic plan for Holmehave)

The Holmehave nature project aims to convert around 500 hectares of cultivated agricultural land to forest, nature areas and a new wetland in a specific area. Assens municipality led the project in collaboration with Hedeselskabet (an association working with long-term development, use and protection of nature), VandCenter Syd (VCS) Denmark (water and wastewater utility), University of Copenhagen and local landowners. The strategic approach involved local landowners who sold and bought land simultaneously. Those who let go of agricultural land were offered land elsewhere as compensation, enabling them to consolidate their fields.

More information can be found here:

The project website for Holmehave nature project: https://www.assens.dk/om-os/udvikling-og-strategi/by-land-og-kultur/miljoe-og-teknik/holmehave-naturprojekt

Barkved, L. J., Enge, C., Furuseth, I. S., & Sandin, L. (2024). Practical experiences with nature-based solutions in the Nordics: Summarising insights from eight pilot projects (2022–23). Nordic Council of Ministers. https://pub.norden.org/temanord2024-519/

Learn more

Some municipalities (for example Bergen) and consultancies provide information about land swaps and border adjustments on their websites. In Norway, the Norwegian Mapping Authority also provide some information on what is required for registering the changes in ownership. https://www.bergen.kommune.no/innbyggerhjelpen/planer-bygg-og-eiendom/eiendom/oppmaling/grensejustering-mellom-eiendommer

Land swaps are also used in other countries like the US. https://gokcecapital.com/land-swap/

Another option is conservation easements, where the government and the landowner make a legally binding agreement in which the landowner gives up certain rights to their land in exchange for compensation while the easement holder takes on the responsibility for conservation in the area. Read more about conservation easements at the websites of International Land Conservation Network: https://landconservationnetwork.org/private-land-conservation-is-essential-for-the-eu-to-achieve-its-biodiversity-targets-heres-why/

or the Center for Growth and Opportunity at Utah State University: https://www.thecgo.org/research/making-private-lands-count-for-conservation/

International Obligations

Kunming-Montreal Global Biodiversity Framework

Ensure that all areas are under participatory integrated biodiversity inclusive spatial planning and/or effective management processes addressing land and sea use change, to bring the loss of areas of high biodiversity importance, including ecosystems of high ecological integrity, close to zero by 2030, while respecting the rights of indigenous peoples and local communities.

Berne Convention on the Conservation of European Wildlife and Natural Habitats

The area, connectivity, integrity and resilience of natural and semi-natural ecosystems is increased, including through protected areas and other effective area-based conservation measures covering at least 30% of the land and of the sea areas.

EU Biodiversity Strategy

Legally protect a minimum of 30% of the EU’s land area and 30% of the EU’s sea area and integrate ecological corridors, as part of a true Trans-European Nature Network.

SDG 15 Life on land

Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss.