Amending Perpetual Conservation Easements: A Case Study of the Myrtle Grove Controversy

Given that change is inevitable and predicting the future is impossible, it is clear that conservation easements must be able to evolve over time so they can continue to provide the conservation benefits for which they were acquired. But who should be entitled to make the decision to amend a “perpetual” easement, and what standards should be applied in determining whether and when such amendments are appropriate? This article uses a case study to explore the issue of amending perpetual conservation easements.