Piedmont Environmental Council v. Malawer (Ruling on Demurrer)
About This Legal Opinion
The court held that because the conservation easement was a statutorily based easement in gross, it was not subject to the common law doctrine of merger.
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Conservation Easements and the Doctrine of Merger
Under the common law doctrine of merger, an easement will be extinguished when the easement holder becomes the fee title owner of the property subject to the easement. The applicability of the doctrine of merger to conservation easements, however, is a matter of state law and will vary by jurisdiction.
United States v. Blackman
The court held that a negative easement in gross for conservation or historic preservation purposes was a valid easement under Virginia law, even though it was established in 1973, before the enactment of the Virginia Conservation Easement Act.
Found. for the Pres. of Historic Georgetown v. Arnold, 651 A.2d
The appellate court held that the dormer was not an 'extension' under the terms of the easement because it did not extend the four corners -- the footprint or envelope -- of the house. The patio awning was likewise not an "extension" because it was removable and was only used seasonally.
Belk v. Commissioner
The Tax Court held that the conservation easement was not a 'qualified real property interest' because the substitution provision allowed the grantor to change the protected property and thus the easement was not 'granted in perpetuity' under I.R.C. 170(h)(2)(C).
Salmon v. Evans
The trial court and the appellate court held that the county was not authorized to interpret or enforce the conservation easement, which was a private agreement.
Sample for Practice 11D: Easement Holder Questionnaire
A sample easement holder questionnaire from the accredited Piedmont Environmental Council.
DiDonato v. Commissioner of IRS
The Tax Court held that the settlement agreement was not a contemporaneous written acknowledgment because at the time it was executed DiDonato's gift was still contingent. Thus, the gift could not be acknowledged before it was made.
Clover/Allen’s Creek Neighborhood Ass’n LLC v. M&F, LLC
The trial court dismissed all claims. As for the quiet title action, the Association was held to lack standing because it did not hold any interest in the trail easement. The court also dismissed the public trust doctrine claim because the Town only held a non-exclusive trail easement, rather than a fee simple.
Rappaport v. Village of Saltaire
The trial court dismissed the suit, finding that the public trust doctrine did not apply to lands subject to a restrictive covenant and that the Village's finding of no significant environmental impact was not arbitrary or capricious.
Taylor v. Taylor
The trial court ruled on summary judgment that the subdivision provision of the conservation easement was void and unenforceable. The appellate court overturned this ruling in a resoundlingly pro conservation ruling.