Costs and Fees Recovery
Source
About This Practical Pointer
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.
October 2025 Update: Revised to update the sample language and resource sections.
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Disclaimer
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For accreditation-related materials, please also consult the Land Trust Accreditation Commission website.