In enforcement cases, courts tend to treat conservation easements as if they were traditional servitudes. This poses a major risk to the effectiveness of conservation easements as land protection tools. If, for example, courts extinguish conservation easements via merger, or bar holders from enforcing them on laches or estoppel grounds, or interpret them in favor of free use of property, many of the conservation gains made in the United States over the last three decades could end up being ephemeral. This article tackles this problem by providing a solid foundation for the next chapter in conservation easement enforcement. It clearly articulates the ways in which conservation easements are different from traditional servitudes. It provides ...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...
The use of exacted conservation easements is widespread. Yet, the study of the implications of their...
The use of exacted conservation easements is widespread. Yet, the study of the implications of their...
The idea of a conservation easement – restrictions on the development and use of land designed to pr...
The conflict between proponents of land and water conservation and those promoting traditional, natu...
This Article outlines reasons why exacted conservation easements emerged and why they are such a pop...
Among the most daunting challenges the holder of a perpetual conservation easement faces is the enf...
Among the most daunting challenges the holder of a perpetual conservation easement faces is the enf...
Over the past twenty-five years, courts and commentators have recognized and upheld conservation eas...
The past 40 years have seen an increase in the involvement of private actors in environmental law. O...
The acquisition of conservation easements by nonprofit organizations (“NPOs”) over the past twenty-f...
The acquisition of conservation easements by nonprofit organizations (“NPOs”) over the past twenty-f...
This Comment will recommend a uniform solution. Conservation easements are a hybrid-law creation, an...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...
The use of exacted conservation easements is widespread. Yet, the study of the implications of their...
The use of exacted conservation easements is widespread. Yet, the study of the implications of their...
The idea of a conservation easement – restrictions on the development and use of land designed to pr...
The conflict between proponents of land and water conservation and those promoting traditional, natu...
This Article outlines reasons why exacted conservation easements emerged and why they are such a pop...
Among the most daunting challenges the holder of a perpetual conservation easement faces is the enf...
Among the most daunting challenges the holder of a perpetual conservation easement faces is the enf...
Over the past twenty-five years, courts and commentators have recognized and upheld conservation eas...
The past 40 years have seen an increase in the involvement of private actors in environmental law. O...
The acquisition of conservation easements by nonprofit organizations (“NPOs”) over the past twenty-f...
The acquisition of conservation easements by nonprofit organizations (“NPOs”) over the past twenty-f...
This Comment will recommend a uniform solution. Conservation easements are a hybrid-law creation, an...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...
Conservation easements, generally defined as “nonpossessory interest[s] in land that impose use rest...