Conservation Easements as Charitable Trusts in Kansas: Striking the Appropriate Balance Among Grantor's Intent, the Public's Interest, and the Need for Flexibility

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Conservation Easements as Charitable Trusts in Kansas: Striking the Appropriate Balance Among Grantor's Intent, the Public's Interest, and the Need for Flexibility

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Riparian Buffer Protection

Author(s): Matthew J. Richardson
Org./Source: Washburn Law Journal
Year: 2009

This article presents a brief history of the evolution of the law surrounding conservation easements and identifies some of the problematic areas with the current law. After evaluating the state of the law, it proposes a solution that would maintain the efficiency of conservation easements while ensuring the advancement of intended policy goals, and protecting the public’s interest in those easements. Finally, it examines the practical mechanics of how Kansas’s courts can apply charitable trust law to conservation easements.

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Conservation_Easements_as_Charitable_Trusts_in_Kansas.pdf (186.0 KB)

Item type(s): Law Journal Articles
Topic tags: Conservation Easement Amendment, Modification and Termination

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Thanks to Patricia L. Pregmon for supporting this website. Thanks also to the PA Department of Conservation and Natural Resources. Photos courtesy of Wildlands Conservancy / T.L. Gettings.

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