McLaughlin and Weeks on Conservation Easements

Nancy A. McLaughlin (Utah) and W. William Weeks (Indiana) have posted In Defense of Conservation Easements: A Response to 'The End of Perpetuity' on SSRN.  Here's 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.

Ben Barros

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