Tuesday, June 28, 2011

Conservation Easement Outlines

For those interested in conservation easements, if you haven't seen Jessica Jay's  work its worth checking out. She is a practitioner who teaches Land Conservation Law at VLS during the summers and gave a great lunch lecture today on "When Perpetual is Not Forever: The Challenge of Changing Conditions, Amendment & Termination of Perpetual Conservation Easements."  There is a lot of ink on this subject and she does a great job keeping up-to-date on how states and the IRS manage and might manage amendments to conservation easements. Here are a couple of her helpful outlines:

Conservation Easements and Tax Benefits Outline

Conservation Easement Drafting Guidance Outline

Kat Garvey


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For folks interested in more details about the ins and outs of conservation easements, I recommend the Conservation Easement Handbook by Byers and Ponte. Of course both that text and most of Jay's work endorses the use of conservation easements. A full consideration of the tool should involve looking at some of its critics (e.g., John Echeverria, Jeff Pidot, Jesse Richardson)

And without question, the best scholarly work out there about conservation easements generally is by Nancy McLaughlin (who also has a book coming out on the subject).

Posted by: Jessica Owley | Jun 29, 2011 6:27:23 AM