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Condemning Conservation: Protecting the Public Interest and Investment...
The public is investing substantial financial and other resources in
conservation easements and the conservation and historic values they
protect. Yet little has been written about who should be ...
Amending and Terminating Perpetual Conservation Easements
This article outlines the current guidance on the circumstances under which conservation easements, meant to protect land “in perpetuity” can be amended or terminated, and offers some drafting sugg...
In Defense of Conservation Easements: A Response to The End of Perpetuity
Many conservation easements are conveyed to government entities or land trusts in whole or in part as charitable gifts. The primary issue addressed in this article is whether such easements consti...
Protecting the Public Interest and Investments in Conservation: A Response to Professor Korngold's Critique of Conservation Easements
McLaughlin and Machlis offer a rebuttal to Gerald Korngold’s article “Solving the Contentious Issues of Private Conservation Easements: Promoting Flexibility for the Future and Engaging the Public ...
Conservation Easements: Perpetuity and Beyond
In this article, McLaughlin outlines the support for applying charitable trust principles to perpetual conservation easements, including uniform laws, the Restatement of Property, federal tax law, ...
Amending Perpetual Conservation Easements: A Case Study of the Myrtle Grove Controversy
Given that change is inevitable and predicting the future is impossible, it is clear that conservation easements must be able to evolve over time so they can continue to provide the conservation be...
Conservation Easements--A Troubled Adolescence
This article briefly describes conservation easements and how they operate to protect the conservation values of land, describes the dramatic growth in the use of conservation easements over the pa...
Rethinking the Perpetual Nature of Conservation Easements
This article argues that the charitable trust doctrine of cy pres should apply to donated conservation easements and, if interpreted as suggested, can provide a principled means of modifying or ext...
Increasing the Tax Incentives for Conservation Easement Donations
This article undertakes a critical analysis of the tax incentives that encourage the donation of conservation easements and the proposals to increase them. It concludes that a responsible approach...
The Role of Land Trusts in Biodiversity Conservation on Private Lands
This article explores the role land trusts and conservation easements can play in the protection of biodiversity on private lands.
Amending or Terminating Conservation Easements: Conforming to State Charitable Trust Requirements
Guidelines for New Hampshire easement holders prepared through the collaborative efforts of the New Hampshire Department of Justice, Charitable Trusts Unit; Paul Doscher at the Society for the Prot...