Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Keeping The Perpetual In Florida's Conservation Easements, Nancy Mclaughlin
Keeping The Perpetual In Florida's Conservation Easements, Nancy Mclaughlin
Utah Law Faculty Scholarship
Hundreds of millions of dollars are being invested in the protection of the Florida Wildlife Corridor and other environmentally sensitive lands. One of the primary tools being used to accomplish this protection is the perpetual conservation easement, which is touted to landowners and the public as providing a permanent guarantee that the subject lands will never be developed. There is a very real danger, however, that perpetual conservation easements in Florida may not, in fact, be perpetual, and that the protections put in place today will vanish over time—along with the public funds invested therein—as government and nonprofit holders “release” …
Amendment Clauses In Easements: Ensuring Protection In Perpetuity, Nancy Mclaughlin
Amendment Clauses In Easements: Ensuring Protection In Perpetuity, Nancy Mclaughlin
Utah Law Faculty Scholarship
Internal Revenue Code § 170(h)(5)(A) requires that the conservation purpose of a deductible conservation easement be “protected in perpetuity.” This article explains how the protected-in-perpetuity requirement should limit the parties’ ability to reserve the right to make post-donation changes to the terms of a deductible easement.