Representing Non-Concurrent Generations: The Problem of Now - Conservation Tools

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Representing Non-Concurrent Generations: The Problem of Now

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Author: James L. Olmsted
Org./Source: Journal of Environmental Law and Litigation
Year: 2008

This article is a rebuttal the position of Professor Julia D. Mahoney that conservation easements should not be allowed to remain in effect in perpetuity and instead they should be time limited, or perhaps not created in the first instance. The article provides a brief discussion of the historical and philosophical antecedents of real property law in the United States, an historical and legal analysis explaining how conservation easements fit within the current real property regime of the United States, and expounds upon the merits of perpetual conservation easements. The final parts of the article provide rebuttal to critiques Mahoney has provided to this work.

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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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