Conservation Easement Amendment, Modification, and Termination

What considerations guide a conservation easement holder&rsquo;s processing of a landowner&rsquo;s request for the holder to: approve an action subject to the holder&rsquo;s review; waive the holder&rsquo;s right to enforce one or more restrictive covenants in a temporary accommodation to the owner; or interpret the terms of the grant of easement as applied to a particular situation? This guide provides direction for responding to landowner requests. A complementary publication, the <a href="https://library.weconservepa.org/library_items/2408-Model-Policy-for-Acting-on-Owner-Requests-for-Review-Waiver-and-Interpretation">Model Policy for Acting on Owner Requests for Review, Waiver, and Interpretation</a>, in addition to the policy, includes a template for communicating holder decisions. WeConservePA guide. 6 pages.

<p>A landowner has land under conservation easement and is ready to conserve more of their nearby property. How best to carry this out?</p>

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.

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.

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.

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.

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.

An original draft of this paper was prepared for the Environmental and Natural Resources Law Seminar, Stanford Law School, April 10, 2006. 27 pages.

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.

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.

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.

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.

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.

<p>This model policy guides&nbsp;a conservation easement holder&rsquo;s processing of a landowner&rsquo;s request for the holder to: (1) approve an action subject to the holder&rsquo;s review; (2) waive the holder&rsquo;s right to enforce one or more restrictive covenants in a temporary accommodation to the owner; or (3) interpret the terms of the grant of easement as applied to a particular situation. The file&nbsp;also includes a template&nbsp;for communicating the holder&#39;s decisions. WeConservePA&rsquo;s guide <a href="https://library.weconservepa.org/guides/232-acting-on-owner-requests-for-review-waiver-and-interpretation-regarding-conservation-easements">Acting on Owner Requests for Review, Waiver, and Interpretation Regarding Conservation Easements</a> provides additional direction on this subject.</p>

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.