Conservation Tools

Author: James L. Olmsted
Org./Source: St. John's Journal Of Legal Commentary
Year: 2008

In light of the changes global warming will bring, this article creates a case for the argument that upon any easement termination, it is the holder of a conservation easement that is entitled to the appreciated value of the development rights held in abeyance by a conservation easement. It addresses conservation easement provisions that would calculate and direct such appreciated value to the easement holder and that would also prevent the landowner from receiving an unwarranted windfall. Finally, it discuss a new type of conservation easement, an “ark” easement, which is intended to assist species and ecosystems in global warming caused migrations by being terminable at the easement holder’s option.

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

Last modified by Elana Richman