Wednesday, January 28, 2009
Professors Nancy A. McLaughlin and W. William Weeks Post "In Defense of Conservation Easements: A Response to 'The End of Perpetuity'"
Professor Nancy A. McLaughlin (Utah) and W. William Weeks (Indiana - Bloomington) posted "In Defense of Conservation Easements: A Response to 'The End of Perpetuity'" on SSRN's Nonprofit and Philanthropy Law Abstracting Journal, an abstract of their forthcoming article in the Wyoming Law Review. Here is the abstract:
This article critiques the arguments offered in favor of treating donated conservation easements as unrestricted charitable gifts (that is, as fungible or liquid assets in the hands of their government or land trust holders). It also discusses the practical and potential constitutional problems associated with proposals to change state law to permit government entities and land trusts to sell, trade, release, extinguish or otherwise terminate the conservation easements they hold outside of judicial cy pres proceedings.