Condemning Conservation Easements: Protecting the Public Interest and Investment in Conservation

This memorandum examines the extent to which conservation easements held or co-held by land trusts may be resistant to Section 824p condemnation, by virtue of partnerships with

governmental entities or other mechanisms.

This guidance covers Practice 12E: Condemnation of conservation properties. For information on condemnation of conservation easements, see Practice 11I.

This article discusses the extent to which public utilities may or may not have the right under Virginia or federal law to condemn conservation easements. The discussion is in the context of the designation by the U.S. Department of Energy of national interest electric transmission corridors.

While there is no one-size fits-all formula to thwarting the condemnation of conservation lands, this article provides considerations for how to anticipate, thwart or minimize such threats.

This article examines whether governmental actions to reverse previously enacted conservation protections through condemnation or conversion should be prohibited or limited.

No one-size-fits-all response is appropriate for condemnation threats to conserved land. These practical pointers are distilled from a wide variety of sources experienced with condemnation and are strategic suggestions to consider when a land trust faces condemnation threats.

Land trusts have no certain legal recourse against condemnation, but that is not to say that there is no recourse. Several land trusts have managed to preserve their easements, or at least to limit losses through negotiation, public outcry and strategic alliances.

This guidance covers Practice 11I: Condemnation

This guidebook offers a process for dealing with the problem easements lurking in a land trust’s portfolio. It is designed to help land trusts analyze these problem easements and understand the options available to fix or manage the problems.

The Land Trust Alliance has long held that amendment clauses in conservation easements serve to strengthen easements and improve their enforceability. That's why we oppose efforts by the IRS to constrain the ability of land trusts to amend easements.

And now — thanks to a recent federal court decision — it's clear that a sound amendment clause upholds conservation purposes.