A landowner has land under conservation easement and is ready to conserve more of their nearby property. How best to carry this out? This guide describes three approaches and includes a model document to help implement one of the alternatives.
If changes to a conservation easement are necessary or desirable, the easement holder must decide whether to amend and restate the grant of easement in full or simply amend it. This guide assists with that decision and points to resources to aid in implementation of the decision.
The Model Grant of Conservation Easement and Declaration of Covenants may be modified to amend and restate a grant of conservation easement by following the instructions below.
Every easement-holding land trust should have a policy to help guide responsible consideration of potential amendments to grants of conservation easement. WeConservePA produced the one-page Model Policy for Conservation Easement Amendment, together with these expansive “Guidelines for Conservation Easement Amendments, Waivers, and Letters of Interpretation,” to assist land trusts in establishing or updating such a policy and, most importantly, acting responsibly and productively in their easement decision-making. These guidelines are intended to provide the user with in-depth but succinct practical guidance, whether or not the guidelines are adopted in whole or part by a land trust board of directors.
This guide informs easement holders, particularly private land trusts, of legal matters to consider under Pennsylvania law and the Internal Revenue Code when making decisions regarding the amendment of grants of conservation easement.