The Emergence of Exacted Conservation Easements

70 Pages Posted: 3 Mar 2010  

Jessica Owley

University at Buffalo Law School

Date Written: 2006

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.

Suggested Citation

Owley, Jessica, The Emergence of Exacted Conservation Easements (2006). Nebraska Law Review, Vol. 84, No. 1043, 2006. Available at SSRN: https://ssrn.com/abstract=1548008

Jessica Owley (Contact Author)

University at Buffalo Law School ( email )

School of Law
528 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-8182 (Phone)
716-645-2064 (Fax)

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