Managing Conservation Easements in Perpetuity - Environmental ...

T E M P L A T E
Sample Language
All easement amendments must meet the amendment principles and pass the [land trust’s]
screening tests. Any potential conflicts of interest must be addressed in accordance with
the [land trust’s] conflict of interest policy.
In addition, consider the following:
• When will a site visit be required?
• When will outside experts be consulted?
• Under what circumstances will the land trust seek review or approval from
a public agency, attorney general or court?
• Due diligence
This section can summarize the due diligence steps that are necessary to
complete the amendment once it has been approved and describe any
procedures unique to your land trust. Consider:
• Title issues that may need to be resolved, including subordination of
mortgages and liens
• Whether the baseline documentation needs to be updated
• Final legal review of the easement amendment
• Finalizing the amendment
This section should summarize the final steps in completing the easement
amendment, such as:
• Signing and recording
• Notifying outside parties
• Completing the internal recordkeeping
VI. Periodic Review [page 217]
What is the process by which the policy will be reviewed and updated?
Sample Language
The [land trust] will evaluate the adequacy of its amendment policy on a periodic basis and
make adjustments as needed to ensure that the goals/philosophy outlined in this policy are
met. To this end, this policy shall be reviewed every _____ years by the board of directors or
a designated committee, in partnership with staff and/or volunteers involved in the ease-
ment stewardship program and legal counsel. Changes in law, best easement stewardship
practices and other practices of the [land trust] may require adjustments to this Easement
Amendment Policy.
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Managing Conservation Easements in Perpetuity