Managing Conservation Easements in Perpetuity - Environmental ...

Land trusts must draft conservation
easements carefully so that
the documented intentions of
the original grantor and reasonable
expectations of funders are
explicit and clear and directly
related to the land trust’s mission.
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law and sets limits on how substantially an amendment may modify
a conservation easement. To be acceptable, an amendment should
satisfy all the amendment principles. If a proposed amendment fails to
comply with all the principles, the land trust should reject or modify the
amendment in accordance with the organization’s amendment policy.
An amendment to a conservation easement should satisfy all of the
following:
1. Clearly serve the public interest and be consistent with the
land trust’s mission
2. Comply with all applicable federal, state and local laws
3. Not jeopardize the land trust’s tax-exempt status or standing
as a charitable organization under federal or state law
4. Not result in private inurement or confer impermissible
private benefit
5. Be consistent with the conservation purpose(s) and intent of
the easement
6. Be consistent with the documented intent of the donor,
grantor and any direct funding source
7. Have a net beneficial or neutral effect on the relevant conservation
values protected by the easement
Principle 1 underscores a land trust’s ethical and legal obligation to
only engage in activities that benefit the public and further the organization’s
mission. By fulfilling this obligation, a land trust honors its
commitments to its members, landowners, funding sources, donors,
the general public and the landowner with whom it negotiated the
original easement. By complying with principle 1 in every amendment
decision, a land trust upholds the perpetuity requirement of conservation
easements.
Principles 2, 3 and 4 ensure that the land trust fulfills all legal requirements,including
all laws relevant to conservation easements,fraudulent
solicitation laws and charitable trust laws. Principle 3 focuses on a land
trust’s status as a charitable, nonprofit tax-exempt entity under federal
and state law. At a minimum, the land trust must protect its continued
existence and ability to hold conservation easements. Principle 4
addresses two major violations the land trust should avoid: bestowal of
any benefit on a land trust insider and bestowal of an impermissible
private benefit on any person.
Managing Conservation Easements in Perpetuity