Managing Conservation Easements in Perpetuity - Environmental ...

P U T T I N G I T I N T O P R A C T I C E
originally worked on the easement negotiation and drafting may reveal what the
land trust hoped to achieve by these bunkhouse provisions.
The two-inch overgrazing standard is also problematic because it is difficult to
measure accurately over the ranch as a whole, which makes monitoring this restriction
extremely difficult. If the land trust faces questions as to the intent of the
two-inch standard, it may find support in the easement, project file and local cattle
community standards to amend the easement to require an average two-inch grass
length based on measurements at multiple locations on the ranch. Alternatively,
an amendment might eliminate the two-inch grass standard and replace it with a
requirement for compliance with an agricultural management plan or compliance
with accepted, more easily monitored standards.The goal of amendment should be
a net positive conservation result, including improved easement stewardship as a
positive factor in the balance sheet.
Discussion Questions
1. What risks and concerns does the risk spectrum reveal about this
proposed amendment?
2. What factors should the land trust consider?
3. Does the land trust have any alternatives to amendment?
4. What else should the land trust consider?
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Managing Conservation Easements in Perpetuity