Conservation Easement Amendment, Modification, and Termination

Adding to Land Under Conservation Easement

2020
A landowner has land under conservation easement and is ready to conserve more of their nearby property. How best to carry this out?
Last Modified
Aug 29, 2020
Viewed
2664 times

Amending and Terminating Perpetual Conservation Easements

2009
Organizations/Sources: Probate & Property
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.
Last Modified
Nov 11, 2010
Viewed
22664 times

Amending Conservation Easements: Evolving Practices and Legal Principles

2017
Organizations/Sources: Land Trust Alliance
This publication covers the complexity and various perspectives in easement amendment decisions and presents case studies. Originally published in 2007, the second edition was produced in 2017.
Last Modified
Jul 11, 2017
Viewed
10122 times

Amending Perpetual Conservation Easements - Confronting the Dilemmas of Change: A Practitioner’s View

2007
Authors: Darby Bradley
This paper explores the legal, ethical, and public relations issues surrounding amendments and the limitations of applying the charitable trust doctrine. It proposes a legislative solution to clarify the rules for amending easements in response to changed circumstances.
Last Modified
Feb 01, 2012
Viewed
3542 times

Amend OR Amend and Restate: Matching Approach to Situation When Making Changes to a Conservation Easement

2023
If changes to a conservation easement are necessary or desirable, the easement holder must decide whether to amend and restate the grant of easement in full or simply amend it. This guide assists with that decision and points to resources to aid in implementation of the decision. WeConservePA guide. 3 pages.
Last Modified
Sep 22, 2023
Viewed
755 times

Capturing the Value of Appreciated Development Rights on Conservation Easement Termination

2006
Authors: James L. Olmsted
Organizations/Sources: Environmental Law and Policy Journal
This article explores conservation easement drafting strategies responsive to global warming and climate change. It proposes the development of an "Ark" easement, which unlike traditional, perpetual easements, would be terminable by the holder without resort to a judicial proceeding if global warming caused changes render the conservation purposes of the easement impossible or impractical. For this strategy to succeed, however, the easement holder must be able to recover the full, appreciated value of the development rights and redeploy them to further the social good of land and resource conservation.
Last Modified
Nov 11, 2010
Viewed
3921 times

Conservation Easement Amendments: A View from the Field

2006
Authors: Andrew C. Dana
An original draft of this paper was prepared for the Environmental and Natural Resources Law Seminar, Stanford Law School, April 10, 2006. 27 pages.
Last Modified
Apr 27, 2011
Viewed
4534 times

Drafting an Amendment and Restatement of a Grant of Conservation Easement

2023
The Model Grant of Conservation Easement and Declaration of Covenants may be modified to amend and restate a grant of conservation easement by following the instructions below. WeConservePA guide. 4 pages.
Last Modified
Sep 22, 2023
Viewed
5993 times

Easement Revitalization: A Problem-Solving Guidebook for Land Trusts

2013
Organizations/Sources: Open Space Institute
This comprehensive guidebook provides a structured process for organizations that want to upgrade older easements. It includes a process for analyzing and managing problem easements and offers options for resolving problem easements. It also includes lessons learned from six case studies and national research conducted by Solid Ground Consulting.
Last Modified
Nov 04, 2015
Viewed
4098 times

Guidelines for Conservation Easement Amendments, Waivers, and Letters of Interpretation

2024
Conservation easements are intended to last—to ensure protection of important resources, no matter people’s whims—through the decades and centuries. However, the world changes and so do understandings of how best to meet conservation objectives. A land trust must be prepared to address these changes in order to ensure that its conservation work is effective while assuring its supporters and the public that it is a reliable agent of conservation. This resource serves as a guide to responsible decision-making regarding potential amendments of grants of conservation easement. WeConservePA guide. 20 pages.
Last Modified
Jun 03, 2024
Viewed
15829 times

Legal Considerations in Amending Grants of Conservation Easement

2024
This guide informs easement holders, particularly private land trusts, of legal matters to consider under Pennsylvania law and the Internal Revenue Code when making decisions regarding the amendment of grants of conservation easement. WeConservePA guide. 18 pages. NOTE THAT THIS NEW EDITION OF THE GUIDE IS STILL IN DRAFT FORM AND UNDERGOING PEER REVIEW.
Last Modified
Jun 04, 2024
Viewed
7051 times

Model Montana Conservation Easement Amendment Policy and Commentary

2013
Authors: Andrew C. Dana
Organizations/Sources: Montana Association of Land Trusts
The first edition of the model and commentary was published in 2011; the model was updated in 2013. The model is tailored to Montana law and the commentary identifies areas where some of the principles the Land Trust Alliance outlines in its publication Amending Conservation Easements are in potential conflict with Montana law.
Last Modified
Nov 04, 2015
Viewed
4426 times

Model Policy for Conservation Easement Amendment

2024
Every easement-holding land trust should have a policy to help guide responsible consideration of potential amendments to grants of conservation easement. WeConservePA produced this one-page Model Policy for Conservation Easement Amendment, together with its expansive “Guidelines for Conservation Easement Amendments, Waivers, and Letters of Interpretation,” to assist land trusts in establishing or updating such a policy and, most importantly, acting responsibly and productively in their easement decision-making.
Last Modified
Jun 04, 2024
Viewed
858 times