Managing Conservation Easements in Perpetuity - Environmental ...

V. Amendment Procedures [page 186]
Most amendment policies contain a general process for amending conservation
easements, including the basic steps and key questions a land trust should use
in evaluating amendment proposals and completing amendments. While certain
steps are common to most land trusts, much variation exists in the details and
the order of steps. The particulars of the amendment review process depend on
the land trust’s staffing level, board governance style and individual organizational
experience with amendments. The details of the process are influenced by the legal
context within which a land trust evaluates amendment requests as well. For these
reasons, no universal amendment procedure fits every organization; each land trust
must tailor its own amendment review process to its particular organizational
requirements.
The following is a list of some sample sections and questions for you to consider in
developing your own policy.
1. Initiating the proposed amendment
• How will the proposed amendment be initiated?
• Must the landowner submit a request in writing?
• What are the procedures if the land trust initiates the amendment?
• Will there be a meeting with the landowner? A phone conversation?
• When and how will the amendment policy be provided to the
landowner?
2. Costs
• Who will pay for the amendment? (Be sure to calculate staff time as
well as fees paid to outside experts such as appraisers and attorneys.)
• Will the landowner pay a fee upfront to ensure payment in cases when
you refuse an amendment proposal?
3. Decision-making
• Who is in charge of evaluating the amendment request?
• Who is authorized to make decisions?
• When will legal counsel be involved?
• How will the landowner be informed?
4. Reviewing the request
• Does it comply with the land trust’s policy?
• If not, can it be modified to comply?
• If yes, how?
• What expert opinions are needed for documentation?
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