Pennsylvania courts and federal courts applying Pennsylvania law have held, in several of the cases arising from the French and Pickering v Natale matter, that the breaching landowner is personally liable for compensatory damages arising from a breach of a restrictive covenant in a conservation easement. There are no other reported cases in which enforcement of a promise to pay in a conservation easement has been sought in any Pennsylvania court of appeals.
Year: 2002
Organization/Source: United States Court of Appeals, Third Circuit
Topic tags: Transfer Fees and Stewardship Funding Covenants for Conservation Easements