Managing Hazardous Substance Risks In Conservation Transactions

Whether CERCLA liability applies to conservation easement holders remains unsettled and must be addressed on every property. Several tools exist to manage CERCLA liability risk. Practice 9C of Land Trust Standards and Practices addresses CERCLA risk.

This guidance covers Practice 9C: Environmental Due Diligence.

In addition to the regular monitoring of properties and easements, each land trust should develop written policies and procedures for resolving encroachment violations. When faced with an encroachment matter, consider these steps.

This guidance document discusses the specific steps when accepting assignment of a conservation easement.

Due diligence is a term of art that most lawyers and real estate professionals use as easily as restaurant wait staff reciting the day’s specials. This document defines the term and provides context and examples of risks of not conducting due diligence.

This sample is a model agricultural easement with option to purchase.