Managing Conservation Easements in Perpetuity - Environmental ...

Conclusion
Although conservation easements have been in use for several decades,
the land trust community’s experience with amendments is still relatively
new. The process of making amendment decisions is sure to
evolve further. This chapter attempts to provide land trusts with the
most current and best available practical advice of legal experts and
amendment practitioners.
Key points to remember:
• Consider amendments only with great caution — amendments
should never be routine
• Focus on good initial easement drafting to prevent amendments
to the greatest extent possible
• Develop and follow a written amendment policy and procedures
that include the amendment principles
• Obtain expert legal advice to develop an amendment policy
and to review and draft proposed amendments
• Use organizational mission and goals to inform amendment
decisions so that conservation easements will continue to benefit
the public in the face of change
• Keep up with the latest developments in the amendment field
• Never amend a conservation easement to negatively affect the
easement’s conservation purposes
The issue of whether and how to modify conservation easements is
critical, because it speaks to the heart of the land trust community’s
obligation to protect land forever and serve public interests. A land
trust must uphold this obligation, even when confronted with the
inevitable changes that time may bring to easement properties. This
chapter provides some tools that land trusts can use to address many
of the challenges that change brings to conservation easements. These
tools can help land trusts reach amendment decisions that are sound,
comply with the law and uphold the documented intent of the original
grantor.The Land Trust Alliance will continue to work with easement
practitioners and legal experts to keep land trusts informed as amendment
knowledge and experience continue to unfold.
Amendments 233