Print Articles

When Perpetual is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements

By Jessica E. Jay

As the use of perpetual conservation easements to protect private property for the public’s benefit grows in popularity, so grow the challenges associated with these perpetually binding promises. Today’s conservation community faces significant challenges to amending and terminating perpetual conservation easements in the face of changing conditions, landscapes, climate, and public interests. Because of variations among different legal regimes’ guidance for perpetual conservation easements, much remains unsettled regarding perpetual conservation easement amendment and termination. This Article examines inconsistencies in the legal regimes and explores current and emerging common law, legislation, and policies addressing perpetual easement amendment and termination. This Article posits that the conservation community can protect the integrity of perpetual conservation easements by providing clear, consistent guidance through existing or new legal frameworks for state legislatures, courts, landowners, and easement holders, and suggests the means to achieve or craft such guidance.

Cite as: Jessica E. Jay, When Perpetual is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of Perpetual Conservation Easements, 36 Harv. Envtl. L. Rev. 1 (2012).

View Full Article (PDF)

Tagged , , ,

Share This Article

Related Posts

3 Comments

  1. Amending and Terminating Perpetual Conservation Easements - Tax1on1 | 美国税1on1December 19, 2012 at 9:44 amReply

    [...] article is a response to Jessica Jay’s, When Perpetual Is Not Forever: The Challenge of Changing Conditions, Amendment and Termination of Co…, 36 Harv. Envtl. L. Rev. 1 (2012). When Perpetual Is Not Forever suggests that government entities [...]

  2. Understanding When Perpetual Is Not Forever: An Update to The Challenge | Harvard Environmental Law ReviewMay 14, 2013 at 9:54 pmReply

    [...] a recently published law review article and to correct misunderstandings of a response thereto. When Perpetual Is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of P… explores the area of law surrounding the amendment and termination of perpetual conservation [...]

  3. Perpetuity Is Forever, Almost Always: Why It Is Wrong To Promote Amendment and Termination of Perpetual Conservation Easements | Harvard Environmental Law ReviewMay 14, 2013 at 9:57 pmReply

    [...] to amend and terminate perpetual conservation easements. Contrary to representations made in When Perpetual Is Not Forever: The Challenge of Changing Conditions, Amendment, and Termination of C…, none of these laws can be [...]

Leave a reply

Your email address will not be published. Required fields are marked *

*