Abstract

http://ssrn.com/abstract=2185495
 
 

Footnotes (151)



 


 



Perpetuity is Forever, Almost Always: Why it is Wrong to Promote Amendment and Termination of Perpetual Conservation Easements


Ann Taylor Schwing


Independent

December 5, 2012

Forthcoming, 37 Harvard Environmental Law Review _ (2012)

Abstract:     
This article is a response to Jessica Jay's, When Perpetual Is Not Forever: The Challenge of Changing Conditions, Amendment and Termination of Conservation Easements, 36 Harv. Envtl. L. Rev. 1 (2012). When Perpetual Is Not Forever suggests that government entities and land trusts accepting conservation easement donations are free to ignore both federal tax law requirements and the rules that govern administration of charities and the charitable gifts they solicit and accept when amending and terminating perpetual conservation easements. This article explains that, when a conservation easement donor makes a charitable gift of a conservation easement and elects to seek a federal income tax deduction, both the property owner and easement holder become subject to federal law governing the creation, monitoring, amendment, and extinguishment of the easement, as well as state laws that protect charitable gifts on behalf of the public. Accordingly, contrary to the representations made in When Perpetual Is Not Forever, neither property owners nor holders can elect to amend or terminate such perpetual easements pursuant to procedures that are inconsistent with such laws.

Number of Pages in PDF File: 39

Keywords: conservation easement, 170(h), perpetuity, amendment, termination, extinguishment, land trust, federal tax law, cy pres

JEL Classification: L31, N50, Q15, Q24, R14

Accepted Paper Series


Download This Paper

Date posted: December 5, 2012  

Suggested Citation

Schwing, Ann Taylor, Perpetuity is Forever, Almost Always: Why it is Wrong to Promote Amendment and Termination of Perpetual Conservation Easements (December 5, 2012). Forthcoming, 37 Harvard Environmental Law Review _ (2012). Available at SSRN: http://ssrn.com/abstract=2185495

Contact Information

Ann Taylor Schwing (Contact Author)
Independent ( email )
No Address Available
Feedback to SSRN


Paper statistics
Abstract Views: 300
Downloads: 52
Download Rank: 229,215
Footnotes:  151

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.266 seconds