Opportunities for Reform and Reimagining in Conservation Easement and Land Use Law: A To-Do List for Sustainable, Perpetual Land Conservation

35 Pages Posted: 21 Jul 2022

See all articles by Jessica Jay

Jessica Jay

Vermont Law School; University of Denver Sturm College of Law

Date Written: July 1, 2022

Abstract

From the most urgent and obtainable in the short term to the most sea-changing and aspirational in the long term, presented here is a view of the immediate, ongoing, and future needs for reform or reimagining in land conservation law. These reforms and reimagining include bolstering and expanding conservation incentives in the face of extensive abuse, integrating private land protection within communities, adjusting land monetization and valuation approaches, unbundling land ownership notions, and re-democratizing and restoring land access and use. Such reforms and reimagining are intended to sustain and secure perpetual land conservation as a continuing, dynamic, and flexible source for critical resource management and protection at the local, state, federal, and global levels, while ensuring equitable, inclusive, diverse, and just land protection in the context of past, current, and future generations of land use and users.

Keywords: land, conservation, land conservation, law, land use, reforms, land ownership, IRS, reform, conservation easement, monetization, democratization, inclusive, equitable, diverse, justice, equality

JEL Classification: K11, K34

Suggested Citation

Jay, Jessica, Opportunities for Reform and Reimagining in Conservation Easement and Land Use Law: A To-Do List for Sustainable, Perpetual Land Conservation (July 1, 2022). 46 Vt. L. Rev. 387 (2022) , Available at SSRN: https://ssrn.com/abstract=4161028

Jessica Jay (Contact Author)

Vermont Law School ( email )

68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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