Condemning Conservation Easements: Protecting the Public Interest and Investment in Conservation
Author
About This PDF
This article explores the issue of condemnation of property protected by a conservation easement. The author explains that easements are compensable property for purposes of the Takings Clause of the Fifth Amendment and thus adequate compensation must be paid by a condemning authority.
Disclaimer
These resources are provided "as is" for informational purposes only, without warranty of any kind. They do not constitute legal or professional advice and do not create an attorney-client relationship. They may not reflect current legal developments and should be adapted for your organization with qualified professional help. The Alliance is not liable for any damages arising from use of or reliance on these resources. Views in individual posts and third-party links/logos are not Alliance endorsements. The Alliance is committed to equal opportunity and does not condone unlawful discrimination.
For accreditation-related materials, please also consult the Land Trust Accreditation Commission website.