Representing Nonconcurrent Generations: The Problem of Now
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This Article is a rebuttal to a position of property law staked out by Professor Julia D. Mahoney. Professor Mahoney's theories regarding property law, enunciated in multiple publications and presentations, are well researched, well thought out, and highly nuanced. This Article is concerned with but one portion of her previous work: the position that conservation easements should not be allowed to remain in effect in perpetuity. Instead, she proposes they should be time limited or perhaps not created in the first instance. Like Professor Mahoney's other work, the reasoning behind this position is well fleshed out. However, Professor Mahoney's position regarding perpetuity in conservation easements may result in undermining current land conservation practices and thereby diminishing the natural endowments to which future generations are the rightful beneficiaries.
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