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Law and Contemporary Problems

2011

Environmental protection

Articles 1 - 2 of 2

Full-Text Articles in Law

Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer Oct 2011

Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer

Law and Contemporary Problems

Brewer talks about conservation easements and perpetuity. Although conservation easements have many appealing features, their drawbacks have caused some observers to see the heavy reliance on them by land trusts as a weakness with possibly serious consequences. The protection provided may be fragile or, at least, of unproven dependability.


Conservation Easements At The Climate Change Crossroads, Jessica Owley Oct 2011

Conservation Easements At The Climate Change Crossroads, Jessica Owley

Law and Contemporary Problems

Owley discusses the conundrum that occurs when climate change leads to a landscape that conflicts with conservation easement terms. A conservation easement that is too changeable endangers the perpetual protection that is the cornerstone of conservation easements. But, forcing the landscape to fit a conservation easement requires active management, something more often associated with fee-simple ownership.