TITLE

Conservation Easements: Perpetuity and Beyond

AUTHOR(S)
McLaughlin, Nancy A.
PUB. DATE
May 2007
SOURCE
Ecology Law Quarterly;2007, Vol. 34 Issue 2, p673
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Perpetual conservation easements are intended to protect the particular land they encumber for the conservation purposes specified in the deed of conveyance "in perpetuity"-or at least until circumstances have changed so profoundly that continued protection of the land for those purposes is no longer feasible. To protect the public interest and investment in perpetual conservation easements, and, at the same time, permit adjustments to be made to respond to changing conditions, such easements should be treated like any other form of charitable asset acquired by a government or charitable entity for a particular charitable purpose—i.e., as subject to equitable charitable trust principles. This Article outlines the considerable support for applying charitable trust principles to perpetual conservation easements, including uniform laws, the Restatement of Property, federal tax law, and case activity on this issue to date. This Article cautions that perpetual land protection is not appropriate in all circumstances and recommends a more considered use of perpetual conservation easements as a land protection tool. This Article also explores the possible use of a number of nonperpetual conservation easements to accomplish land protection goals.
ACCESSION #
27393098

 

Related Articles

  • FROM AUTHOR TO EDITOR. Arpad, Alexander R // Real Property, Trust & Estate Law Journal;Spring2015, Vol. 50 Issue 1, p173 

    In this article, the author reflects on his career development from an author to an editor of the periodical. He discusses his duties as an author such as submission of a note to the periodical on the interpretation of the conservation easements as the charitable trusts. He further acknowledges...

  • San Francisco law firm funds public interest student aid.  // Human Rights;Summer96, Vol. 23 Issue 3, p2 

    The article presents information on Folger & Levin law firm's donation to Stanford Law School students. The firm, located in San Francisco, donated $250,000 to provide grants to help defray the living expenses of students, who take summer jobs with public interest organizations. The Folger &...

  • A Lack Of Lawful And Competent Oversight Of Charities. FITZGIBBON, MARK J. // NonProfit Times;2/1/2013, Vol. 27 Issue 2, p22 

    The author comments on oversight of charities. He disputes claims that the sector is under-regulated which results to lack of public confidence in charities. He argues that there are enough laws to supervise the sector but regulators do not professionally follow the laws themselves. He calls on...

  • NEWS: ...in brief.  // Personnel Today;6/22/2004, p3 

    The charity Public Concern at Work stated that there had been a 30 per cent increase in the number of frauds in Whitehall stopped by whistleblowers since the Public Interest Disclosure Act came into force in 1998. A survey of 2,000 staff shows seven in 10 admit to sleeping on the job, while 78...

  • Commission to publish wider range of investigation reports. Jump, Paul // Third Sector;7/2/2008, p1 

    The article reports that the Charity Commission has announced that it will start publishing a wider range of investigation reports in 2008. As reported, the commission will be publishing information about investigations that are subjects of public interest. Observers welcome the decision saying...

  • An invitation to our supporters. Siebert, John // Ploughshares Monitor;Winter2013, Vol. 34 Issue 4, p3 

    The article presents the journal's advocacy on supporting programs by the national institutions such as charitable foundations for funding of particular public welfare projects in Canada. It mentions the changing government priorities and federal cutbacks for peace and disarmament resulting to...

  • Hospital property up for grabs. Shirley, Andrew // Farmers Weekly;2/28/2003, Vol. 138 Issue 9, p94 

    Reports on the acres of let land in England belonging to Guy's and St. Thomas' Charitable Foundation being launched by the Cluttons. Reason that the foundation is selling the properties; Price of the property; Description of each estate.

  • KEEPING CHARITY IN CHARITABLE TRUST LAW: THE BARNES FOUNDATION AND THE CASE FOR CONSIDERATION OF PUBLIC INTEREST IN ADMINISTRATION OF CHARITABLE TRUSTS. Eisenstein, Ilana H. // University of Pennsylvania Law Review;May2003, Vol. 151 Issue 5, p1747 

    Discusses the case for consideration of public interest in administration of charitable trusts in the U.S. Case of the Barnes Foundation; Public benefits received by charitable trusts; Status quo of the charitable trust law; Dominance of donor intent; Maximization of public interest in trust...

  • Piedmont Environmental Council.  // Washingtonian Magazine;Dec2008, Vol. 44 Issue 3, p89 

    The article offers information on the charity Piedmont Environmental Council in Warrenton, Virginia. The charity is dedicated to preserving scenic landscapes in Virginia's piedmont, which extends from Charlottesville to Washington. It has helped get conservation easements on more than 300,000...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics