The Future of Conservation Easements

John D. EcheverriaVermont Law School

2014 ConferenceNorthern New England ChapterAmerican Planning Association

“An undue reliance on acquisition, particularly to avoid themessy and unpopular process of enforcing regulations, is agrave error. Land ownership entails both rights and responsibilities, and it includes at a minimum the duty to avoid harming one's neighbors. The more society compensates landowners for conservation, the more landowners will sensibly conclude that in the absence of such payments, they are entitled to develop their parcels to the detriment of society.”

Sally Fairfax, et al., Buying Nature: The Limits of Land Acquisition as a Conservation Strategy, 1780-2004. : (The MIT Press, 2005)

Evolving Roles of Land Trusts

Evolving Roles of Land Trusts

Everything will changeNothin' stays the same

Obstacles to Change Promises Made

Obstacles to Change Internal Revenue Service Perpetuity

Requirement with Respect to “the” Conserved Land.

Charitable Trust Doctrine Protection of Donor Intent

Neighbor and Community Reliance and Expectations

S. 119

Taking IRS Requirements Seriously.

Active Enforcement of Charitable Trust Principles by Land Trusts and (if Necessary) the Attorney General and the Courts.

Recognition of Utility of Traditional Eminent Domain Power to Address Change.

Efficient, Independent Process for Review of “Minor” Amendments.

A Better Option?