The Emergence of Exacted Conservation Easements

Abstract

This article traces the development and increased use of exacted conservation easements. Although exacted conservation easements are an extension of the conservation easement phenomenon, they do not embody the freedom of contract associated with other conservation easements and often tie directly to regulation of property. Thus, the exacted conservation easement is a tool that directly conflicts with many of the goals that gave rise to its emergence. The article concludes by questioning the practice of exacting conservation easements because of inherent conflicts with state conservation easement statutes, which did not contemplate the use of conservation easements as a tool of government regulation.