Real estate, land use, and environmental law, including extensive experience with conservation easements, water rights, transfer of development rights, and other conservation transactions.
Conservation Transaction Attorneys Land Use AttorneysDuncan counsels private and public clients on land use, environmental, real estate, and water rights issues. He has advised clients on a wide variety of land conservation matters, including drafting a legislative report for the Washington State Recreation and Conservation Office (RCO) on conservation easements and other land preservation mechanisms, acting as Special Assistant Attorney General to RCO in drafting a model farmland preservation easement and other conservation easement templates, and representing private landowners in matters involving conservation easements. Duncan has assisted clients with purchase and sale of land and water rights, development agreements, boundary line modifications, leases, licenses, and easements. He also represents clients in administrative hearings and in court proceedings when necessary.
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Conservation Tools: An Evaluation and Comparison of the Use of Certain Land Preservation Mechanisms
Evaluates and compares eight land preservation mechanisms based on their ability to achieve conservation goals, their cost, their ability to respond to future changes, and several other criteria se...
Dynamic Conservation Easements: Facing the Problem of Perpetuity in Land Conservation
This article examines the “dynamic conservation easement”, an easement whose terms provide land use restrictions that may change over time. It argues they are better suited to serving their unique...
