United States v. Blackman
About This Legal Opinion
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.
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Mount Aldie, LLC v. Land Trust of Virginia, Inc. (second appeal)
In 2008, a landowner gifted a conservation easement over a 60-acre wooded parcel to the Land Trust of Virginia that established a 100-foot buffer area along the Little River. This case is an unfortunate example of the perils of conservation easement drafting.
Piedmont Environmental Council v. Malawer (Ruling on Demurrer)
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.
Mount Aldie, LLC v. Land Trust of Virginia, Inc. – Opinion on remand
In 2008, a landowner gifted a conservation easement over a 60-acre wooded parcel to the Land Trust of Virginia that established a 100-foot buffer area along the Little River. This case is an unfortunate example of the perils of conservation easement drafting.
United States v. Schoenborn
The Eighth Circuit held that estoppel did not apply because landowner had not reasonably relied on the alleged statements in light of the subsequent letter and map and that the easement was a valid contract even though the map was not attached until later.
Estate of Gibbs v. United States
The Third Circuit held that New Jersey law was relevant only to the extent of defining the conservation easement as a valid and enforceable instrument, and not relevant as to whether the easement was classified as a property right or a contract right.
City of Dallas, Texas v. Hall
The District Court, in its opinion of October 24, 2007, held that the State lacked standing under the Texas Conservation Easement Act to challenge the conservation easement, as it did not have an interest in the easement or in the property encumbered by the easement.
Mount Aldie, LLC v. Land Trust of Virginia (2017 trial court opinion)
In 2008, a landowner gifted a conservation easement over a 60-acre wooded parcel to the Land Trust of Virginia that established a 100-foot buffer area along the Little River. Mount Aldie purchased the property in 2009 and in 2013 conducted tree removal and grading activities within the buffer area.
Oatlands, Inc. v. National Trust for Historic Preservation in the United States
In this case, the court addresses enforceability of agreements to pursue conservation easements, endowment restrictions, charitable trust law, and volunteer immunity.
DC Preservation League v. Mayor’s Agent for Historic Preservation
Most of this opinion addresses the Historic Preservation Act but the analysis of the clause that expressly allows broad flexibility room for termination or amendment by the landowner is not a robust restriction capable of enforcement by a land trust or preservation trust.
Cohen v. City of Lynn
The appellate court held that the 1893 deed did establish a charitable trust, even though that transaction was a sale and not a donation. The court further held that the parcel remained suitable for park purposes and therefore declined to apply the cy pres doctrine.