An Empirical Study of Modification and Termination of Conservation Easements

In partnership with the University of Wisconsin Survey Center, the Land Trust Alliance surveyed more than 800 member land trusts last spring to gain a better understanding of the nature and extent of easement modification and termination within the land trust community.

A modification clause, which may include amendment, consent, waiver and other discretionary approvals, enhances the 'protected in perpetuity' standard and improves the chances of perpetual easement protection. This clause can help conservation organizations properly address unforeseen circumstances.

This article is a response to the article "When Perpetual Is Not Forever." This article argues that the previous article stated that certain laws can be ignored. This article further argues that the law surrounding conservation easement amendment and termination is settled, clear and unambiguous.