Amending and Terminating Perpetual Conservation Easements
Nancy A. McLaughlin
University of Utah S.J. Quinney College of Law
Mark Benjamin Machlis
affiliation not provided to SSRN
Probate & Property, Vol. 23, p. 52, 2009
Until fairly recently, little consideration had been given to precisely what it means to protect land 'in perpetuity' with a conservation easement. But as perpetual conservation easements have begun to age, and the protected lands have begun to change hands, questions have arisen regarding the circumstances under which these instruments can be amended or terminated. This short article outlines the current guidance on this issue and offers some drafting suggestions.
Number of Pages in PDF File: 5
Keywords: conservation easement, conservation servitude, amendments, termination, cy pres, perpetuity
JEL Classification: H20, H24, K11, K32, L31, Q15, Q24Accepted Paper Series
Date posted: August 27, 2009
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