Amending and Terminating Perpetual Conservation Easements

This article outlines the current guidance on the circumstances under which conservation easements, meant to protect land “in perpetuity” can be amended or terminated, and offers some drafting suggestions. It focuses on tax-deductible conservation easements. Although the law in this area is still developing, much can be done to ensure that conservation easements are drafted to comply with all relevant laws, carry out the landowners’ intent, and provide easement holders with the flexibility needed to administer easements consistent with their overall charitable conservation purposes in light of changing conditions.