Managing Conservation Easements in Perpetuity - Environmental ...

T E M P L A T E
Are there additional screening tests your conservation easement amendments must
pass? If so, list them here. Consider the following:
• How will the amendment affect stewardship and administration of the
easement?
• Are there other parties that must or should be engaged in the process or
that hold a legal interest in the easement?
• Are there any stakeholders that it would be wise to engage?
IV. Allowable Purposes of Amendments [pages 179, 183–85]
Many amendment policies list circumstances under which an amendment request
may be considered. Will you allow amendments that:
• Address mutual errors?
• Add acreage?
• Add restrictions?
• Remove reserved rights?
• Involve tradeoffs within the easement?
• Involve land beyond the “four corners” of the easement?
Sample Language
Circumstances of the Requested Amendment. The [land trust] staff/committee/volunteer
will recommend an amendment to a conservation easement in the following circumstances:
Insert language that addresses the appropriate circumstances for your land trust.
Sample language can be found in the documents on page 243. Circumstances may
include:
• Prior agreement
• Correction of an error or ambiguity
• Settlement of condemnation proceedings
• Amendments consistent with conservation purpose and enhancing conservation
value
• Upgrade standard language and format
• Leverage additional conservation
• Reconfiguration of conservation easement area
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Managing Conservation Easements in Perpetuity