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Perpetuity, Latent Ancillary Rights, and Carbon Offsets in Global Warming Era
This article makes two recommendations regarding the drafting of conservation easements in the age of global warming. The first recommendation relates to drafting language that will ensure perpetu...
Climate Surfing: A Conceptual Guide to Drafting Conservation Easements in the Age of Global Warming
In light of the changes global warming will bring, this article creates a case for the argument that upon any easement termination, it is the holder of a conservation easement that is entitled to t...
Representing Non-Concurrent Generations: The Problem of Now
This article is a rebuttal the position of Professor Julia D. Mahoney that conservation easements should not be allowed to remain in effect in perpetuity and instead they should be time limited, or...
Capturing the Value of Appreciated Development Rights on Conservation Easement Termination
This article explores conservation easement drafting strategies responsive to global warming and climate change. It proposes the development of an "Ark" easement, which unlike traditional, perpetu...