Managing Conservation Easements in Perpetuity - Environmental ...

Chapter Two • Amendments
Otis B. Driftwood: Now pay particular attention to this first clause because it’s most
important. It says the, uh . . . “The party of the first part shall be known in this
contract as the party of the first part.” How do you like that? That’s pretty neat,
eh?
Fiorello: No, that’s no good.
Driftwood: What’s the matter with it?
Fiorello: I dunno. Let’s hear it again.
Driftwood: It says the, uh . . . “The party of the first part shall be known in this
contract as the party of the first part.”
Fiorello: That sounds a little better this time.
Driftwood: Well, it grows on you. Would you like to hear it once more?
Fiorello: Er . . . just the first part.
Driftwood: What do you mean? The . . . the party of the first part?
Fiorello: No, the first part of the party of the first part.
Driftwood: All right. It says the, uh, “The first part of the party of the first part
shall be known in this contract as the first part of the party of the first part shall be
known in this contract . . .” look, why should we quarrel about a thing like this?
We’ll take it right out, eh?
A Night at the Opera, 1935
Practice 11I. Amendments.
The land trust recognizes that amendments are not routine, but can serve to strengthen an
easement or improve its enforceability.The land trust has a written policy or procedure guiding
amendment requests that: includes a prohibition against private inurement and impermissible
private benefit; requires compliance with the land trust’s conflict of interest policy; requires
compliance with any funding requirements; addresses the role of the board; and contains a
requirement that all amendments result in either a positive or not less than neutral conservation
outcome and are consistent with the organization’s mission.
While easement amendments are not common, land trusts should expect to receive requests for
amendments and may, in certain circumstances, wish to initiate an amendment to strengthen an
easement or clarify language. Most land trusts, when faced with their first amendment request
from a landowner, wish they had a policy to guide their actions. This practice encourages land
trusts to develop an amendment policy to help ensure that amendments meet the mission of the
organization and maintain the land trust’s credibility. A policy should prohibit private inurement
or excess private benefit, clarify board and staff roles, and ensure that all amendments
result in either a positive, or not less than neutral conservation outcome. Many other standards
are involved in reviewing amendment requests, including 1, 4, 6, 8, and 9, and practice 3F.
— From the Background to the 2004 revisions of Land Trust Standards and Practices