The holder of a conservation easement must monitor the eased property to confirm compliance with conservation restrictions and, when necessary, take action to uphold the conservation objectives of the easement. These and other stewardship activities result in costs, year in and year out, to the holder.
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This article seeks to explore, and understand the support for, third-party enforcement of conservation easements by persons who are not parties to the conservation easement, not the holder or co-holder of the conservation easement, nor identified in the conservation easement deed as having a third-party enforcement right.