Document / Practice

Practice 11J: Partial or Full Extinguishment

Posted 2017 Updated April 9
Land Trust Alliance
About This Practice

This guidance covers Practice 11J, which includes one element with four parts:

  1. ⬤ In the rare case that it is necessary to extinguish a conservation easement, in whole or in part,

    1. ⬤ a. Follow the terms of the conservation easement with respect to taking appropriate action, and obtain judicial or regulatory review when required by law or specified in the easement deed

    2. ⬤ b. Ensure there is no private inurement or impermissible private benefit

    3. ⬤ c. Take steps to avoid or mitigate harm to conservation values and/or use any proceeds in a manner consistent with the conservation easement deed

    4. ⬤ d. Consider the land trust’s actions in the context

Accreditation indicator element | ■ Terrafirma enrollment prerequisite | ▲ Required for both