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Full-Text Articles in Law
Zoning For Conservation Easements, Jesse J. Richardson Jr., Amanda C. Bernard
Zoning For Conservation Easements, Jesse J. Richardson Jr., Amanda C. Bernard
Law and Contemporary Problems
Richardson and Bernard talk about zoning for conservation easements. Most conservation easements are perpetual and may have a huge impact on the land use in a community. With few exceptions, however, conservation easements have not been incorporated in any meaningful way into local land-use planning.
A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks
A Tradable Conservation Easement For Vulnerable Conservation Objectives, W. William Weeks
Law and Contemporary Problems
Weeks talks about tradable conservation easement for vulnerable conservation objectives. The critical conservation objectives in some conservation easements will probably be compromised by the effects of climate change in the relatively near future. Conservation easements broadly intended and drafted to serve those kinds of general purposes are, as a group, unlikely to be so acutely affected by changing ecological conditions that their broad purposes will cease, over time, to be served.
Foreword, James L. Olmsted
Foreword, James L. Olmsted
Law and Contemporary Problems
The land trust community and governments at all levels have become married to conservation easements as their land conservation tool of choice. The numbers speak for themselves: as of the date of this writing, there were reportedly 1,700 land trusts that have protected twelve million acres of land by use of conservation easements. The bulk of this growth both in conservation easements and the land trusts that deploy them has occurred since the 1980s when federal income tax incentives became more fully utilized by conservation easement donors. But the parties to this marriage have become complacent and inattentive in the …
Conservation Easements And Perpetuity: Till Legislation Do Us Part, Richard Brewer
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.
The Invisible Forest: Conservation Easement Databases And The End Of The Clandestine Conservation Of Natural Lands , James L. Olmsted
The Invisible Forest: Conservation Easement Databases And The End Of The Clandestine Conservation Of Natural Lands , James L. Olmsted
Law and Contemporary Problems
Olmsted talks about "invisible forest" refers to forest lands -- and, for that matter, any other land types -- protected by a perpetual conservation easement, the existence and location of which are concealed from the public, whether deliberately or because of the opaque nature of the easement process. Because easements, like other forms of deeds, must be recorded at the local land registry or recorder's office, they can never be made undiscoverable. But, despite the efforts of some states and conservation organizations to compile conservation easement data for public consumption, there are few functional systems that comprehensively track and provide …
Evaluating Conservation Effectiveness And Adaptation In Dynamic Landscapes, Adena R. Rissman
Evaluating Conservation Effectiveness And Adaptation In Dynamic Landscapes, Adena R. Rissman
Law and Contemporary Problems
Rissman talks about evaluating conservation easement effectiveness requires interdisciplinary research that reaches beyond legal analysis to examine how easements influence human behaviors, which subsequently influence environmental conditions. Conservation easement effectiveness is not a fixed target, but is influenced over time by social and ecological landscape change. The promise of perpetuity is central to the appeal of conservation easements within the conservation movement.
Conservation Easements And The Doctrine Of Merger, Nancy A. Mclaughlin
Conservation Easements And The Doctrine Of Merger, Nancy A. Mclaughlin
Law and Contemporary Problems
McLaughlin talks about conservation easements and the doctrine of merger. This article explains that merger generally should not occur in such cases because the unity of ownership that is required for the doctrine to apply typically will not be present. For merger to occur, the two estates must be in the same person at the same time and in the same right.
Conservation Easements As Tools To Achieve Regulatory Environmental Goals, Laurie A. Wayburn
Conservation Easements As Tools To Achieve Regulatory Environmental Goals, Laurie A. Wayburn
Law and Contemporary Problems
Wayburn talks about conservation easements as tools to achieve regulatory environmental goals. The traditional approach to protecting public-trust resources, such as wildlife found on private lands, is predominantly regulatory and proscriptive. Environmental regulation -- such as the Endangered Species Act, Clean Water Act, or Clean Air Act -- has focused on restricting or prohibiting resource management by landowners.
Exploring Net Benefit Maximization: Conservation Easements And The Public-Private Interface, Julie Ann Gustanski, John B. Wright
Exploring Net Benefit Maximization: Conservation Easements And The Public-Private Interface, Julie Ann Gustanski, John B. Wright
Law and Contemporary Problems
Gustanski and Wright talk about conservation easements and the public-private interface. The ease of application across varied lands coupled with the financial and tax-associated benefits of conservation easements have driven the popularity of their use in conserving private lands across the US. Conservation easements typically require sizeable public funding resources, which are provided through either direct public expenditures via diverse public programs established to promote the conservation of land or through tax benefits.
Conservation Easement Reform: As Maine Goes Should The Nation Follow? , Jeff Pidot
Conservation Easement Reform: As Maine Goes Should The Nation Follow? , Jeff Pidot
Law and Contemporary Problems
No abstract provided.
Conservation Easements At The Climate Change Crossroads, Jessica Owley
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.
Incentives For Conservation Easements: The Charitable Deduction Or A Better Way , Daniel Halperin
Incentives For Conservation Easements: The Charitable Deduction Or A Better Way , Daniel Halperin
Law and Contemporary Problems
Halperin talks about tax-policy concerns relating to the charitable deduction for conservation easement donations. The conflict of interest between charity and other owners raises a concern that the charitable deduction would not reflect the ultimate charitable benefit. The deduction for conservation easements is the principal exception to this rule despite the significant potential for abuse and the distinct possibility that the public benefit may be less than anticipated.