Probate & Property, Vol. 23, p. 52, 2009
5 Pages Posted: 27 Aug 2009
Date Written: 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.
Keywords: conservation easement, conservation servitude, amendments, termination, cy pres, perpetuity
JEL Classification: H20, H24, K11, K32, L31, Q15, Q24
Suggested Citation: Suggested Citation
McLaughlin, Nancy A. and Machlis, Mark Benjamin, Amending and Terminating Perpetual Conservation Easements (2009). Probate & Property, Vol. 23, p. 52, 2009. Available at SSRN: https://ssrn.com/abstract=1461159