Thursday, May 23, 2013
This post is, in part, one for my co-blogger Jessie Owley who knows far more about conservation easements than I do, but one I felt readers generally might enjoy. The latest issue of the Harvard Environmental Law Review (Winter 2013) is just out and has two articles that argue both sides of the virtue of perpetuity in such conservation easements, a topic that I just saw Jessie present on at ALPS.
For those interested, the two articles are Perpetuity Is Forever, Almost Always: Why It Is Wrong To Promote Amendment and Termination of Perpetual Conservation Easements by Ann Taylor Schwing (Of counsel, Best Best & Krieger LLP) and Understanding When Perpetual Is Not Forever: An Update to The Challenge and Response to Ann Taylor Schwing by Jessica E. Jay (Conservation Law, P.C.). Both articles are available here. Maybe Jessie will even weigh in on the issue!
Stephen R. Miller