Exacted Conservation Easements: The Hard Case of Endangered Species Protection

As part of the process a landowner must undergo when seeking to develop land where either federally listed endangered or threatened species, or their habitat, are present, the landowner must prepare a Habitat Conservation Plan. It has become commonplace for government agencies to require the creation of conservation easements as part of these plans. This article describes the use of conservation easements in the Habitat Conservation Plan process under the Endangered Species Act and explains the complexities that arise with the enforcement of those conservation easements.