Dealing with Requests for Approval and Amendments

Perpetuity is a long time, so land trusts need to be prepared for when a landowner seeks to change a restriction on their conservation easement. Preparation begins with drafting a solid easement and continues through annual stewardship. Join long-time conservation attorney Karin Marchetti, Maine Coast Heritage Trust, as she lays out legal considerations for drafting amendment clauses and policies and what to do when faced with an amendment request to stay within the law and your conservation goals for the property.   

Here's a look at what we will cover: 

• Federal and state law on amendments, including a survey of IRS opinions.   

• Tips for drafting solid amendment clauses appropriate to your land trust’s risk profile. 

• Critical elements to include in an amendment policy/procedure. 

• How to draft a proper amendment – who must sign, due diligence. 

• Alternatives to amendments that will meet landowner needs and uphold the conservation easement.