Balancing Risk on Conservation Easement Modification

This conservation easement discretionary consent policy from the accredited Society for the Protection of New Hampshire Forests.

Suggestions and sample clauses for balancing risk when drafting conservation easements

Land trusts are constantly balancing risk by assessing these profound changes and balancing the opportunities and risks they present. Using the following seven steps, your land trust can assess fully the impact on the organization of new (and old) challenges and opportunities.

An IRS memo states that an amendment clause will not necessarily cause an easement to fail to satisfy the requirements of section 170(h).

This article outlines the support for applying charitable trust principles to perpetual conservation easements, including uniform laws, federal tax law, Restatement of Property and court decisions.

This guidance covers Practice 11F: Approvals and Permitted Rights.

A sample landowner letter from the accredited Maine Coast Heritage Trust for granting discretionary approval or acknowledging required notice.

The possibility that a land trust could be required to pay substantial fees and costs if it loses a legal challenge can be a significant deterrent. States take a variety of approaches to costs and fees, so as a first step, land trusts should have experienced local counsel in their state determine what the standard practice or statute is so that you can draft to prevail on the fee recovery clause, without exposing your land trust to prevailing party risks.