Perpetuity, Latent Ancillary Rights, and Carbon Offsets in Global Warming Era - Conservation Tools

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Perpetuity, Latent Ancillary Rights, and Carbon Offsets in Global Warming Era

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Author: James L. Olmsted
Org./Source: Environmental Law Reporter
Year: 2009

This article makes two recommendations regarding the drafting of conservation easements in the age of global warming. The first recommendation relates to drafting language that will ensure perpetuity in conservation easements where the eased land has been adversely affected by global warming. The second recommendation relates to drafting conservation easement language that addresses “latent ancillary rights” in the eased land that per¬tain to global warming, for example the carbon sequestra¬tion process in forested land.

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Item type(s): Law Journal Articles
Topic tags: Conservation Easements

Last modified by Elana Richman

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Last modified Nov 11, 2010

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