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Conservation Easement Amendment, Modification and Termination

Amending and Restating Grants of Conservation Easement: Best Practices to Document Change

Organizations/Sources: Pennsylvania Land Trust Association
(print edition of ConservationTools.org guide) If a land trust intends to amend a grant of conservation easement, implementation of the changes requires careful planning and drafting. The consequences of a poor execution range from missed opportunities to improve easement stewardship to inadvertent elimination of conservation protections.
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Last Modified
Oct 18, 2016
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1251 times

Amending and Terminating Perpetual Conservation Easements

2009
Organizations/Sources: Probate & Property
This article outlines the current guidance on the circumstances under which conservation easements, meant to protect land “in perpetuity” can be amended or terminated, and offers some drafting suggestions. It focuses on tax-deductible conservation easements. Although the law in this area is still developing, much can be done to ensure that conservation easements are drafted to comply with all relevant laws, carry out the landowners’ intent, and provide easement holders with the flexibility needed to administer easements consistent with their overall charitable conservation purposes in light of changing conditions.
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Last Modified
Nov 11, 2010
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3438 times

Amending Conservation Easements: Evolving Practices & Legal Principles

2007
Organizations/Sources: Land Trust Alliance
This report presents an analysis of months of research and dialogue among leading attorneys, practitioners and academics on the issues of how, when and if conservation easements should be amended. Free for Land Trust Alliance members, available for purchase by non-members at the Land Trust Alliance Online Store.
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Last Modified
Nov 03, 2015
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4152 times

Amending Grants of Conservation Easement: Legal Considerations for Land Trusts

2015
Organizations/Sources: Pennsylvania Land Trust Association
(print edition of ConservationTools.org guide) This guide informs easement holders of legal matters to consider under Pennsylvania law and the Internal Revenue Code when making decisions regarding the amendment of grants of conservation easement.
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Last Modified
Aug 16, 2016
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2004 times

Amending or Terminating Conservation Easements: Conforming to State Charitable Trust Requirements

2010
Guidelines for New Hampshire easement holders prepared through the collaborative efforts of the New Hampshire Department of Justice, Charitable Trusts Unit; Paul Doscher at the Society for the Protection of New Hampshire Forests’ Center for Land Conservation Assistance; and Nancy McLaughlin at the University of Utah Law School. 16 pages.
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Last Modified
Apr 27, 2011
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1501 times

Amending Perpetual Conservation Easements: A Case Study of the Myrtle Grove Controversy

2006
Organizations/Sources: University of Richmond Law Review
Given that change is inevitable and predicting the future is impossible, it is clear that conservation easements must be able to evolve over time so they can continue to provide the conservation benefits for which they were acquired. But who should be entitled to make the decision to amend a “perpetual” easement, and what standards should be applied in determining whether and when such amendments are appropriate? This article uses a case study to explore the issue of amending perpetual conservation easements.
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Last Modified
Jul 18, 2012
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1716 times

Amending Perpetual Conservation Easements - Confronting the Dilemmas of Change: A Practitioner’s View

2007
Authors: Darby Bradley
This paper explores the legal, ethical, and public relations issues surrounding amendments and the limitations of applying the charitable trust doctrine. It proposes a legislative solution to clarify the rules for amending easements in response to changed circumstances.
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Last Modified
Feb 01, 2012
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1579 times

Conservation Easement Amendments: A View from the Field

2006
Authors: Andrew C. Dana
An original draft of this paper was prepared for the Environmental and Natural Resources Law Seminar, Stanford Law School, April 10, 2006. 27 pages.
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Last Modified
Apr 27, 2011
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2137 times

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

2009
Organizations/Sources: Washburn Law Journal
This 26 page 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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Last Modified
Nov 04, 2015
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2010 times

Conservation Easements, Common Sense and the Charitable Trust Doctrine

2009
Organizations/Sources: Wyoming Law Review
This is the fourth in an exchange of articles published by the Wyoming Law Review discussing the application of charitable trust principles to conservation easements conveyed as charitable gifts.
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Last Modified
Nov 23, 2010
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1693 times

Easement Revitalization: A Problem-Solving Guidebook for Land Trusts

2013
Organizations/Sources: Open Space Institute
This comprehensive guidebook provides a structured process for organizations that want to upgrade older easements. It includes a process for analyzing and managing problem easements and offers options for resolving problem easements. It also includes lessons learned from six case studies and national research conducted by Solid Ground Consulting.
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Last Modified
Nov 04, 2015
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1592 times

In Defense of Conservation Easements: A Response to The End of Perpetuity

2009
Organizations/Sources: Wyoming Law Review
Many conservation easements are conveyed to government entities or land trusts in whole or in part as charitable gifts. The primary issue addressed in this article is whether such easements constitute restricted or unrestricted charitable gifts for state law purposes. It offers a rebuttal to “In Hicks v. Dowd: The End of Perpetuity”, in which C. Timothy Lindstrom asserts that perpetual conservation easements donated to government entities or land trusts are unrestricted charitable gifts, and thus, the holders of such easements are not obligated under state law to administer the easements in accordance with their stated terms or purposes.
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Last Modified
Nov 04, 2015
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1638 times

Legislating Against Perpetuity: The Limits of the Legislative Branch's Powers to Modify or Terminate Conservation Easements

2009
This article provides historical background on the evolution of several of the legal doctrines at play when conservation easements are modified or terminated; addresses the constitutionality of legislation attempting to modify or terminate a specific conservation easement; and addresses the constitutionality of legislation purporting to lessen the procedural and substantive burdens associated with the modification and termination of conservation easements in general.
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Last Modified
Nov 11, 2010
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1484 times

Model Montana Conservation Easement Amendment Policy and Commentary

2013
Authors: Andrew C. Dana
Organizations/Sources: Montana Association of Land Trusts
The first edition of the model and commentary was published in 2011; the model was updated in 2013. The model is tailored to Montana law and the commentary identifies areas where some of the principles the Land Trust Alliance outlines in its publication Amending Conservation Easements are in potential conflict with Montana law.
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Last Modified
Nov 04, 2015
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1608 times

Model Policy for Conservation Easement Amendment

2014
Authors: Andrew M. Loza
Organizations/Sources: Pennsylvania Land Trust Association
PALTA prepared this model policy to help guide the responsible consideration of potential amendments. A land trust will want to adapt the model to match its organizational culture.
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Last Modified
Jul 24, 2015
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3146 times

When Perpetual is Not Forever

2012
Authors: Jessica E. Jay
Organizations/Sources: Harvard Environmental Law Review
This 78 page Harvard Environmental Law Review is subtitled "The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements". The article examines inconsistencies in the legal regimes and explores current and emerging common law, legislation, and policies addressing perpetual easement amendment and termination.
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Last Modified
Nov 04, 2015
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1840 times