Not a Public Trust: The Land Trust-Held Conservation Easement in Pennsylvania : WeConservePA Library

Topics

Model Documents
- Model Real Estate Documents (excluding easements)
- Model Conservation Easements
- Model Access Easements
- Model Supporting Documents to Easement Transactions
- Models Specific to Local Government
- Model Policies
- Other Models
Land Use Ordinances & Development Standards
- Farmland Preservation
- Conservation by Design
  - Conservation by Design Case Studies
- Floodplain Regulations
- Historic Preservation test
- Historic Preservation
  - Historic Preservation Ordinances
- Outdoor Lighting and Dark Skies
  - Lighting Ordinances
- Official Map
- Public (Mandatory) Dedication and Fees-in-Lieu Ordinances
- Riparian Buffer Protection Ordinances
- Sign Ordinances
- Steep Slopes
  - Sample Steep Slope Ordinances
- Stormwater Management
- Timber Harvest Ordinances
- Traditional Neighborhood Development
- Transportation Design
  - Traffic Calming
  - Complete Streets
- Transfer of Development Rights
- Tree Ordinances and Commissions
- Weed and Property Maintenance Ordinances
- Zoning for Solar and Wind Systems
  - Model Solar and Wind Ordinances
  - Sample Solar and Wind Ordinances
- Other Land Use Ordinances
- New node
Land Use Planning & Community Visioning
- Build Out Analysis
- Comprehensive Plans
- Design and Vision
- Development Threat Analysis
- Land Use and Growth Management
- Recreation, Park and Open Space Plans
  - State Comprehensive Outdoor Recreation Plan
- Technological Tools for Land Use Planning
- Urban Growth Boundaries
Environmental Advisory Councils
- EAC Bylaws
- EAC Ordinances and Resolutions
- EAC Fundraising
- EAC Meeting Agendas and Minutes
- EAC Annual Reports
- EAC Outreach and Education Materials
- EAC Network Conference Archive
Acquisition of Land & Easements
- Appraisals
- Conservation Easements
- Deed Restrictions
- Doing Deals
- Farmland Preservation
- Mortgage Subordination and Non-Disturbance Agreements
- Negotiation
- Strategic Conservation Planning
- Survey and GPS
- Trail and Public Access Easements
- Prioritization Guidance
- Project Ranking Systems
- Donated Land
- Purchasing Land
Financing Conservation & Fundraising in General
- Conservation Finance (Multiple Topic Guides)
- Stewardship Funding Arrangements
- Loans
- Public Open Space Programs and Ballot Campaigns
- Public Funding Programs
- Fundraising
  - Planned Giving
- Restricted Gifts
- Gift Acceptance and Solicitation Policies
- Compensating Development Professionals
Defending Conservation
Outdoor Recreation, Parks, & Trails
- Permits
- Nature Play
  - David Sobel's Books
- Municipal Parks and Recreation
- Trails
  - Other Power-Driven Mobility Devices
- Public Access and Land Trusts
Stewardship of the Land
- Converting Lawn to Meadow
- Invasive Species
- Habitat and Wildlife Management
  - Prescribed Fire
    - Conducting Prescribed Fires
- Native Plant Species
  - Floristic Quality Assessments
- Renewable Energy Siting and Design
- Riparian Buffer
- Stewardship of Eased Lands
- Stewardship of Fee-Owned Lands
- Forest Stewardship
- Community Gardens
- Green Burials/Cemeteries
Case for Conservation
- Economic Benefits of Conservation
- Health Benefits of Conservation
  - Nature Therapy for Veterans
- Environmental Benefits of Conservation
  - Environmental Benefits of Biodiversity
  - Environmental Benefits of Water Quality
- Economic Impacts of Sprawl and Smart Growth
  - Conducting Cost of Community Service Studies
- Study Summaries
- XXXX
- Fact Sheets
- Public Opinion Surveys and Polls
- Stories Highlighting the Benefits of Conservation
Introduction to Land Trusts & Their Work
- Pennsylvania Land Trust Census Reports
Taxes
- Property Tax Exemption
- Preferential Assessment (Clean & Green)
- Internal Revenue Service Guidance
- Federal Tax Law
The Law
- Audits
- Case Law Review by Frone Crawford, Jr.
- Eminent Domain and Takings
- Federal Law (non-tax)
- New Jersey Law
- Pennsylvania Constitution/Environmental Rights Amendment
- Pennsylvania Statutes
- Pennsylvania Code
- Pennsylvania Case Law
- Public Trust Doctrine
- SLAPP
Landowner Resources
- Government Incentives
- Landowner Guides
Non-Regulatory Government Options
- General Resources for Government
Climate Change & Conservation
Organizational Operations & Management
- Advocacy and Lobbying
- Bylaws
- Collaboration and Mergers
- Communications
- Diversity, Equity, and Inclusion
- Ethics
- Investing
- Land Trust Standards and Practices
- Nonprofit Leadership
- Nonprofit Name Change
- Recordkeeping
- Reducing Liability
- Strategic Plans/Work Plans
- Succession Planning
- Nonprofit Volunteers and Interns
Natural Gas
- June 2008 Conference Presentations
- Natural Gas Guidance
- Natural Gas Leases
- Natural Gas Websites and Blogs
Public Policy
- Working Papers
- State Conservation Tax Credits
Education & Communication
- Curricula
- Issue Advocacy
- Language of Conservation
- Outreach Programs
- Social Networking
- Effective Storytelling
Print Editions of WeConservePA Guides
Miscellaneous
- Kittatinny Municipal Resources
- Webinar & Meeting Recordings
- Archive of Old Editions
- Miscellaneous miscellaneous
Water Resources
- Green Infrastructure
- Agricultural BMPs
- CREP and Riparian Buffers

No legal precedent exists in Pennsylvania for finding that a conservation easement acquired by a private land trust is a public trust.

Download/View

G_Not_Public_Trust_230630.pdf
(pdf, 204.0 kb)

Year: 2023

Author(s): Andrew M. Loza and Patricia L. Pregmon

Organization/Source: WeConservePA (formerly Pennsylvania Land Trust Association)

Topic tags: Conservation Easement Law, Philosophy, Speculation & Balderdash, Public Trust Doctrine, and Print Editions of WeConservePA Guides

Related guides: Amending Grants of Conservation Easement, Guide and Model Policy for Conservation Easement Amendment, and Not a Public Trust

The first edition was published in 2014.