Perpetual Trusts, Conservation Servitudes, and the Problem of the Future

Abstract

This short article explores the similarities between perpetual private trusts and conservation servitudes granted in perpetuity, the adequacy of existing doctrines to handle future changes in circumstances, the deference due to donor intent, and concludes that legal changes will be needed to give private trust beneficiaries more power to determine how trust assets will be used and to protect the public interests in conservation servitudes and the continuing utility of the land subject to them.

Keywords: perpetual private trusts, conservation servitudes, private trust beneficiaries, trust assests