Download or read book Amending Perpetual Conservation Easements Confronting the Dilemmas of Change written by Darby Bradley and published by . This book was released on 2009 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: As conservation easements age, land trusts have begun to confront changed circumstances that they could not have anticipated when the easements were drafted, and under which an amendment may serve conservation or other public interests. These may involve changes in law, species, technology, community needs, or even climate. The questions to be asked are: What criteria should be used to determine whether an easement amendment would be appropriate? What process should be used to make that determination? Who decides? The land trust community is divided over whether or not easements are charitable trusts, which can only be amended with a court’s approval. This paper explores the legal, ethical, and public relations issues surrounding amendments and the limitations of applying the charitable trust doctrine. It proposes a legislative solution to clarify the rules for amending easements in response to changed circumstances.
Download or read book Amending and Terminating Perpetual Conservation Easements written by Nancy A. McLaughlin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until fairly recently, little consideration had been given to precisely what it means to protect land 'in perpetuity' with a conservation easement. But as perpetual conservation easements have begun to age, and the protected lands have begun to change hands, questions have arisen regarding the circumstances under which these instruments can be amended or terminated. This short article outlines the current guidance on this issue and offers some drafting suggestions.
Download or read book Amending Perpetual Conservation Easements written by Nancy A. McLaughlin and published by . This book was released on 2013 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal and state legisla ...
Download or read book Rethinking the Perpetual Nature of Conservation Easements written by Nancy A. McLaughlin and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the use of perpetual conservation easements as a land protection tool has grown, so have concerns regarding whether, when, and how such easements may be modified or terminated to respond to changed conditions. This Article argues that the charitable trust doctrine of cy pres should apply to donated conservation easements and, if interpreted as suggested, can provide a principled means of modifying or extinguishing easements that have ceased to provide public benefits sufficient to justify their continued enforcement (or have even arguably become detrimental to the public). The Article argues that a landowner should be viewed as striking the following "cy pres bargain" with the public upon the donation of an easement - the landowner should be permitted to exercise dead hand control over the use of the property encumbered by the easement, but only so long as the easement continues to provide benefits to the public sufficient to justify its enforcement. If, due to changed conditions, the continued protection of the encumbered land for the conservation purposes specified in the easement deed becomes "impossible or impracticable," a court should apply the doctrine of cy pres to restore the appropriate balance between the landowner's desire to exercise dead hand control, and society's interest in ensuring that charitable assets continue to provide benefits to the public. In cases where the donor evidenced a particularly strong personal attachment to the encumbered land and the continued protection of that land for a different conservation purpose is feasible, a court could apply the doctrine of cy pres to modify the easement to change its conservation purpose while continuing to protect the underlying land. Alternatively, in cases where the donor did not evidence a particularly strong personal attachment to the encumbered land, or where the continued protection of that land for a different conservation purpose is not feasible, a court could apply the doctrine of cy pres to extinguish the easement, authorize the sale of the unencumbered land, and direct that the proceeds attributable to the easement be used to accomplish the donor's specified conservation purposes in another location.
Download or read book Conservation Easements written by Nancy A. McLaughlin and published by . This book was released on 2013 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 judicial 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.
Download or read book Amending Conservation Easements written by and published by . This book was released on 2007 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Tax Guide to Conservation Easements written by C. Timothy Lindstrom and published by Island Press. This book was released on 2012-09-26 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Voluntary land conservation, resulting from increasingly alluring tax benefits, has significantly changed the face of land use in the United States and promises to have an even more significant influence in the future. There are more than 1,500 land trusts in the U.S. today, involving millions of acres of land that have been permanently protected by conservation easements. Most of these land trusts depend heavily upon the significant income or estate tax benefits offered by the federal tax code as an incentive for voluntary land conservation. However, only a very small percentage of land trust personnel, landowners or their advisors, or even government officials, fully understand the complexity of the requirements for these tax benefits. This is a comprehensive book on the tax benefits of the charitable contribution, or bargain sale, of a conservation easement. It provides a detailed explanation of the complex and extensive requirements of the federal tax code and related concepts, including the rules governing the operation of tax-exempt organizations such as land trusts. Clearly written, systematic in its coverage, it is intended to be of value for anyone who deals with land trust issues, including land trust staff and trustees, landowners, lawyers, accountants, government officials, and interested lay people. Structured for easy reference, A Tax Guide to Conservation Easements is designed to be used as a resource tool. Related topics are cross-referenced throughout. All principles in the book are illustrated with one or more useful examples. The tax benefits of contributing a conservation easement are unquestionably the heart of voluntary land conservation today. Knowledge of the tax law relating to land trusts and conservation easements is vital to properly establishing and managing land trusts and to insuring the tax deductibility of conservation easements. The future of voluntary land conservation is dependent on a clear understanding of tax policy. Complete, meticulous, and up to date, A Tax Guide to Conservation Easements is an essential handbook.
Download or read book Amending Or Terminating Conservation Easements written by Paul Doscher and published by . This book was released on 2010 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Changing Landscape written by Laurie Ristino and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
Download or read book Extinguishing and Amending Tax Deductible Conservation Easements written by Nancy A. McLaughlin and published by . This book was released on 2013 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taxpayers are investing billions of dollars in conservation easements intended to permanently protect unique or otherwise significant land areas or structures through the federal charitable income tax deduction available to easement donors under Internal Revenue Code § 170(h). Astounding amounts of governmental and judicial resources are also being expended to ensure that the easements are not overvalued, that they satisfy elaborate conservation purposes and other threshold requirements, and that the donations are properly substantiated. This enormous up-front investment will be for naught, however, if the purportedly permanent protections prove to be ephemeral because government and nonprofit holders are able to release, sell, swap, or otherwise extinguish the easements in disregard of the restriction on transfer, extinguishment, division of proceeds, and other perpetuity-related requirements in § 170(h) and the Treasury Regulations. The Tax Court's holding in Carpenter v. Commissioner was an important victory for the IRS and the public because it provides some key guidance regarding compliance with § 170(h)'s perpetuity-related requirements. However, Carpenter has also engendered some confusion and speculation, and recent Circuit Court decisions have compounded the problem by undermining the IRS's efforts to enforce the perpetuity-related requirements. This article examines these cases against the backdrop of the legislative history of § 170(h), state law, and public policy. It concludes that clear federal rules regarding the transfer, amendment, and extinguishment of tax-deductible conservation easements are needed because, without such rules, the purportedly perpetual protections will erode over time and the enormous public investment in the easements and the conservation values they are intended to protect for the benefit of future generations will be lost.
Download or read book Symposium written by and published by . This book was released on 2013 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Conservation Easement Handbook written by Janet Diehl and published by . This book was released on 1988 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Landowner s Guide to Conservation Easements written by Steven Bick and published by Kendall Hunt. This book was released on 2003-05-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Natural Resources Law written by Christine A. Klein and published by Aspen Publishing. This book was released on 2022-09-15 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Natural Resources Law, Fifth Edition, continues to emphasize the importance of place through a visually rich text that invites students to consider the passion behind natural resources disputes. Chapters open with a map marking the geographic location of each case and all judicial opinions begin with a context-setting, place-based narrative and photograph. This teachable book groups readings into discrete, assignment-sized chunks and accommodates a wide range of pedagogical approaches. For those who want to focus on cross-cutting themes and policy, each chapter includes thought-provoking article excerpts concludes with a discussion problem that applies the chapter’s cases to a contemporary policy issue or dispute. For those who want to get into the nitty-gritty details of the law, each chapter presents statutory and regulatory excerpts in standalone, easily referenced sections, rather than scattered throughout the text. New to the Fifth Edition: New/updated discussion problems, including: access to nature and urban conservation; Dakota Access Pipeline; expanding tribal management of resources; mitigation under Clean Water Act; and climate change and rising seas New cases, including: Wyoming v. DOI; WildEarth Guardians v. Zinke; Center for Biological Diversity v. EPA; Alliance for the Wild Rockies v. U.S. Forest Service; Wetlands America v. White Cloud Nine Ventures; Edwards Aquifer v. Bragg; Butte Environmental Council v. U.S. Army Corps of Engineers New/expanded discussion: Wildfire and state/private forestry regulation Negative impacts on Native Americans of the historical settlement of the public domain and the preservation movement Renewable energy infrastructure on public lands Overlooked and growing relevance of CWA section 404 on streams and wetlands Efforts to recognize “rights of nature” Importance of access to nature; role of urban parks ESA critical habitat; agency policy documents implementing the ESA Water transfers, groundwater regulation, and reserved rights Snowmobile use in Yellowstone National Park; continuing challenges to the Antiquities Act and presidentially designated national monuments Revised chapter on energy and federal lands by national expert Alexandra Klass, including debates over the use of federal lands for continued fossil fuel development and siting of renewable energy infrastructure on public lands Professors and students will benefit from: Place-based approach—conveys passion and drama fueling resource disputes and policy and brings to life judicial analysis and statutory interpretation Broad national coverage—includes both traditional public lands issues and broader natural resource topics of interest to both eastern and western students Factually rich discussion problem at end of each chapter—based on a contemporary dispute or policy issue
Download or read book The Changing Landscape of Conservation Easements written by Amy Wilson Morris and published by . This book was released on 2009 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book In Defense of Conservation Easements written by Nancy A. McLaughlin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Johnson County, Wyoming's, improper termination of a perpetual conservation easement, which was challenged in Hicks v. Dowd and Salzburg v. Dowd, provides the backdrop for the discussion.
Download or read book Modification and Termination of Conservation Easements written by Gerald Korngold and published by Lincoln Institute of Land Policy. This book was released on 2012-06-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
