Download or read book The Enforceability of Exacted Conservation Easements written by Jessica Owley and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of exacted conservation easements is widespread. Yet, the study of the implications of their use has been minimal. Conservation easements are nonpossessory interests in land restricting a landowner's ability to use her land in an otherwise permissible way, with the goal of yielding a conservation benefit. Exacted conservation easements arise in permitting contexts where, in exchange for a government benefit, landowners either create conservation easements on their own property or arrange for conservation easements on other land. To explore the concern associated with the enforceability of exacted conservation easements in a concrete way, this article examines exacted conservation easements in California, demonstrating that despite their frequent use in the state, their enforceability is uncertain. The three California statutes governing conservation easements limit the ability to exact conservation easements. California caselaw, although thin, indicates that courts may be willing to uphold exacted conservation easements even when they conflict with the state statutes. This examination of the California situation highlights California-specific concerns while providing a framework for examining exacted conservation easements in other states. This article illustrates not only challenges of enforceability that arise with exacted conservation easements, but uncertainty in their fundamental validity and concerns about public accountability. This exploration illustrates that enforceability is not straightforward. This raises significant concerns about using exacted conservation easements to promote conservation goals, calling into question specifically the use of conservation easements as exactions.

Download or read book Exacted Conservation Easements written by Jessica Owley Lippmann and published by . This book was released on 2005 with total page 578 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 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 An Introduction to Conservation Easements in the United States written by Federico Cheever and published by . This book was released on 2015 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of a conservation easement - restrictions on the development and use of land designed to protect the land's conservation or historic values - can be relatively easily understood. More significant and more challenging is the complex body of state and federal laws that shapes the creation, funding, tax treatment, enforcement, modification, and termination of conservation easements. The explosion in the number of conservation easements over the past four decades has made them one of the most popular land protection mechanisms in the United States. The National Conservation Easement Database estimates that the total number of acres encumbered by conservation easements exceeds 40 million.Because conservation easements are both novel and ubiquitous, understanding how they actual work is essential for practicing lawyers, policymakers, land trust professionals, and students of conservation. This article provides a “quick tour” through some of the most important aspects of the developing mosaic of conservation easement law. It gives the reader a sense of the complex inter-jurisdictional dynamics that shape conservation transactions and disputes about conservation easements. Professors of property law, environmental law, tax law, and environmental studies who wish to cover conservation easements in the context of a more general course can use the article to provide their students with a broad but comprehensive overview of the relevant legal and policy issues.

Download or read book The Federal Tax Law of Conservation Easements written by Stephen J. Small and published by . This book was released on 1986 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Protecting the Land written by Julie Ann Gustanski and published by . This book was released on 2000 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conservation easement is a legal agreement between a property owner and a conservation organization, generally a private nonprofit land trust, that restricts the type and amount of development that can be undertaken on that property. Conservation easements protect land for future generations while allowing owners to retain property rights, at the same time providing them with significant tax benefits. Conservation easements are among the fastest growing methods of land preservation in the United States today. Protecting the Land provides a thoughtful examination of land trusts and how they function, and a comprehensive look at the past and future of conservation easements. The book: provides a geographical and historical overview of the role of conservation easements analyzes relevant legislation and its role in achieving community conservation goals examines innovative ways in which conservation easements have been used around the country considers the links between social and economic values and land conservation Contributors, including noted tax attorney and land preservation expert Stephen Small, Colorado's leading land preservation attorney Bill Silberstein, and Maine Coast Heritage Trust's general counsel Karin Marchetti, describe and analyze the present status of easement law. Sharing their unique perspectives, experts including author and professor of geography Jack Wright, Dennis Collins of the Wildlands Conservancy, and Chuck Roe of the Conservation Trust of North Carolina offer case studies that demonstrate the flexibility and diversity of conservation easements. Protecting the Land offers a valuable overview of the history and use of conservation easements and the evolution of easement-enabling legislation for professionals and citizens working with local and national land trusts, legal advisors, planners, public officials, natural resource mangers, policymakers, and students of planning and conservation.

Download or read book Conservation Easements written by Dominic P. Parker and published by . This book was released on 2005 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Conservation Easements written by and published by . This book was released on 2002 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Conservation Easement Stewardship Guide written by Brenda Lind and published by . This book was released on 1991 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Conservation Easements written by David J. Dietrich and published by American Bar Association. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conservation easements permit the use of land to be donated or sold as part of an estate plan. For those considering an easement donation or sale, an understanding of the statutory, regulatory, and common-law principles involved is imperative, as well as a working knowledge of how to use the available resources in this complex field. This hands-on guide features an invaluable collection of techniques and drafting tips learned from decades of conservation easement practice plus four actual conservation easements.

Download or read book Using Conservation Easements to Achieve Regulatory Objectives written by Darla Lynn Guenzler and published by . This book was released on 2004 with total page 394 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 Appraising Easements written by National Trust for Historic Preservation in the United States and published by . This book was released on 1984 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Preservation Easements written by Steven J. Zick and published by . This book was released on 1984 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Preservation Easements written by Marilyn Meder-Montgomery and published by Colorado History Society. This book was released on 1984 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Saving the Ranch written by Anthony Anella and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise and readable guide to conservation easements for ranchers, conservationists, and developers concerned with protecting the natural and scenic values of ranch lands in the western United States. Shows how ranchers can reduce estate taxes, generate and shelter income, and combine land conservation with estate planning.