Enhancing Conservation Options: An Argument for Statutory Recognition of Options to Purchase Conservation Easements (OPCEs).

Abstract

An abbreviated version of an article that earlier appeared in Harvard Environmental Law Review and reproduced as part of the Environmental Law and Policy Annual Review.

In this piece, we examine the potential increased use of real estate options as a mechanism for land conservation. In particular, we highlight how options to purchase conservation easements could serve as a tool responsive to climate change concerns. While options to purchase conservation easements (OPCEs) are already available in most states, we recommend statutory changes to confirm their enforceability and recommend that land trusts add this tool to their repertoire.

A brief tribute to Fred Cheever appears at the end of the piece.