Conservation Easements: Design Flaws, Enforcement Challenges, and Reform
AbstractThe conservation easement is exceptional. As a property right, it is a creature of modern invention, a curiosity not recognized at common law. Initially, courts were reluctant to validate this negative, in-gross easement. It hinders alienability, may be perpetual, and is owned in absentia, not appurtenant to the restricted land. In part for these reasons, the Uniform Conservation Easement Act was needed to rescue the conservation easement from an uncertain future and give it legitimacy. Still, the conservation easement might have been merely a limited development in the law of real property but for the federal income tax laws.
How to Cite
COLINVAUX, Roger. Conservation Easements: Design Flaws, Enforcement Challenges, and Reform. Utah Environmental Law Review, [S.l.], v. 33, n. 1, mar. 2014. Available at: <http://epubs.utah.edu/index.php/jlrel/article/view/1149>. Date accessed: 25 sep. 2017.
Copyright Utah Law Review All Rights Reserved.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).