Standing Approved or Denied: Who Has the Legal Right to Sue in Easement Cases

We prepared this summary of the basic results of conservation tax cases to aid land trusts, but not to give tax, legal or other advice. To aid digestion, we distilled the cases to only their essential points and removed all nuance. Obtain legal counsel to apply these general observations to specific cases.

Schwartz is the latest of many cases in which neighbors (or members of the general public) are denied standing to enforce a conservation easement.

This is a standing case where the court denied neighbor standing to enforce a conservation easement.

This case is another instance in which third-party standing to challenge or enforce a conservation easement has been denied.

This is a standing case where the court denied neighbor standing to enforce a conservation easement.

How can your land trust ensure it has an adequate legal defense reserve to protect your preserves and conservation easements? Calculate your reserve number using the Legal Defense Reserves Calculator.

Tax Court Cases Discussing § 170 And Substantial Compliance