Defending Conservation

Adverse Possession in Pennsylvania

2020
A long-time trespasser may gain ownership of land by using it with no documented challenge for 21 years. Landowners can avoid this threat with some good, basic practices.
Last Modified
Jun 08, 2021
Viewed
3083 times

Conservation Easements in Court: A Review of Easement Violation and Enforcement Litigation in Pennsylvania

2024
A review of Pennsylvania judicial decisions reveals that conservation easement holders and the conservation values they uphold prevail when a dispute leads to litigation. Courts respect the text of easement documents and their conservation purposes. This guide reviews eleven cases where the interpretation or enforcement of a conservation easement was at the center of litigation. WeConservePA guide. 12 pages.
Last Modified
Jan 03, 2024
Viewed
2487 times

Eminent Domain and Conserved Land in Pennsyslvania

2021
This guide provides a basic review of the eminent domain law of Pennsylvania and the United States as it applies to conserved land and conservation easements. An 8-page guide.
Last Modified
Jul 01, 2021
Viewed
2053 times

Ensuring the Permanence of Parks and Other Public Open Space: Safeguards for Lands Entrusted to Local Government

2024
How can local governments establish clear and appropriate protections for the parks and other public open spaces in their purview? How can citizens defend public lands from inappropriate use or liquidation? This guide reviews applicable legal principles and recommends tools to help minimize misunderstandings that may lead to conflict and litigation. WeConservePA guide. 15 pages.
Last Modified
Jun 25, 2024
Viewed
743 times

Model Declaration of Public Trust for Conservation Easements (with Commentary)

2024
The Model Declaration of Public Trust for Conservation Easements is a tool for local governments to use to help ensure that the conservation easements they acquire are long-lasting and durable no matter changes in politics. With a Declaration, the local government declares a public trust containing a conservation easement held by the government and affirms the government's role and duty as trustee in service of the public purposes described in the conservation easement's conservation objectives.
Last Modified
Jun 24, 2024
Viewed
1023 times

Model Declaration of Public Trust with Commentary

2024
This set of model documents and accompanying commentary helps local governments formally dedicate lands to public purposes, reserve portions for other purposes, and clarify what are and aren’t appropriate uses of the land. The materials include an option to grant a conservation easement to a qualified holder as added protection for the land. (WeConservePA also publishes a model declaration to protect government-held conservation easements. See https://library.weconservepa.org/library_items/2249)
Last Modified
Jun 26, 2024
Viewed
9841 times

Model Permission for Encroachment

2019
<p>The Model Permission for Encroachment is a license agreement that allows an encroachment to continue until the owner withdraws permission. The model document also features owner protections from claims pertaining to injury or property damage, a requirement that the encroacher comply with the law, and the termination of any rights the encroacher may have to claim adverse possession.</p>
Last Modified
Oct 21, 2024
Viewed
5565 times

Parks in Perpetuity: The Protections Provided to Parks and Other Public Open Spaces Under Pennsylvania Law

2024
Parks and other public open spaces deliver tremendous benefits to the public and provide a crucial foundation for building, maintaining, and renewing communities. People rely on the permanence of these civic assets in making decisions on where to live and work. Thus, it is no wonder that Pennsylvania law affords great protections to parks from sale or conversion to non-public uses by the local governments responsible for their care. This guide provides a concise overview of these protections. For a more comprehensive review and analysis, see the companion publication: Ensuring the Permanence of Parks and Other Public Open Space. WeConservePA guide. 4 pages.
Last Modified
Jun 27, 2024
Viewed
4453 times

Responding to an Encroachment: Oust or Give Permission with Conditions

2022
Authors: Andrew M. Loza
What should you do if a neighboring landowner encroaches on your organization’s property (e.g., builds a shed or extends their lawn) or otherwise uses the land without permission? Sometimes immediately booting them is the best answer; sometimes making an accommodation that provides them with at least temporary permission makes more sense. Doing nothing invites trouble. WeConservePA guide. 3 pages.
Last Modified
Aug 10, 2022
Viewed
3121 times

Restricting Development to What Is Approved in a Subdivision and Land Development Plan

2021
Authors: Andrew M. Loza
When a local government is approving a subdivision and land development plan, a landowner or developer sometimes agrees to place restrictions on the land to ensure that no further subdivision or development of common open space or large lots can occur beyond that contemplated in the plan being approved. Pathways to establishing these restrictions in Pennsylvania so that they are enforceable in the event of a breach are described in this guide. WeConservePA guide. 6 pages.
Last Modified
Sep 06, 2021
Viewed
1998 times

Reversionary Interest

2012
Authors: Andrew M. Loza
A landowner concerned about the future use of their land can donate or sell their land on a conditional rather than absolute basis. The deed used to convey the land can include terms that will trigger a change in ownership back to them—or some other person or entity assigned by them—if use of the land falls out of compliance with the conditions set in the conveyance.
Last Modified
Aug 27, 2022
Viewed
7315 times