Amending and Terminating Perpetual Conservation Easements
Probate & Property Magazine: July/August 2009, Volume 23, Number 4
By Nancy A. McLaughlin and Benjamin Machlis
Nancy A. McLaughlin is the Robert W. Swenson Professor of Law at the University of Utah S.J. Quinney College of Law in Salt Lake City, Utah, and the associate editor for probate and trust for the Real Property, Trust and Estate Law Journal. Ben-jamin Machlis is a third-year student at the College of Law.
Over the past several decades, landowners have donated perpetual conservation easements encumbering millions of acres to government entities and to charitable conservation organizations known as land trusts. Landowners make these charitable gifts for a number of reasons, including a desire to ensure the permanent protection of their land and to take advantage of tax benefits.