Little evidence exists to support the proposition that a donated conservation easement, in the absence of a charitable trust agreement, is a charitable trust in Pennsylvania; indeed, there is compelling evidence to the contrary. (Holder covenants may be used to buttress easements and do not run into the legal obstacles or suffer from the policy failings of the trust proposition.) WeConservePA guide. 11 pages.
Year: 2022
Author(s): Andrew M. Loza
Organization/Source: WeConservePA (formerly Pennsylvania Land Trust Association)
Topic tags: Conservation Easement Law, Philosophy, Speculation & Balderdash and Print Editions of WeConservePA Guides
Related guides: Guidelines for Conservation Easement Amendments, Waivers, and Letters of Interpretation, Legal Considerations in Amending Grants of Conservation Easement, Not a Charitable Trust, and Not a Public Trust
Originally published in 2015, the guide was updated in 2022.