The Development, Status, and Viability of the Conservation Easement as a Private Land Conservation Tool in the Western United States

The author discusses how continuing population growth makes privately owned open space lands more vulnerable to development and related natural resources vulnerable to strain. This is of particular interest in regard to the west, where it has been confirmed by the Center for the Rocky Mountain West and the United States Census bureau that five of the country's fastest growing areas are Rocky Mountains states. While public lands are also likely to experience population-related stress, the millions of acres of open space lands that are privately held are harder to monitor. Conservation easements, which currently cover 5 million acres, are one way private land may be protected from development. The article discusses Western expansion and development history, as well as the roots of both private and public conservation, the emergence of conservation easements, and the importance of easements in relation to private land conservation. Conservation easement donor tax benefits, related congressional response, and resulting remedies are discussed, as are conservation easement's perpetual nature. The California court case "Johnston v. Sonoma County Agricultural Preservation & Open Space District" is presented. The author suggests combining private negotiation with public resource statutes and eminent domain to remedy conservation easements, which may be outmoded, instead of abandoning easements or using legal doctrines designed for charitable trusts.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/1768868
• Authors:
  • Engel, J Breting
• Publication Date: 2007

Language

• English

Media Info

• Media Type: Print
• Features: References;
• Pagination: pp 19-74
• Serial:
  • Urban Lawyer
  • Volume: 39
  • Issue Number: 1
  • Publisher: American Bar Association
  • ISSN: 0042-0905

Subject/Index Terms

• TRT Terms: Access control (Transportation); Conservation; Development; Easements; Jurisprudence and judicial processes; Open space control; Population growth; Private property
• Geographic Terms: Rocky Mountains; United States; Western States
• Subject Areas: Energy; Environment; Highways; Law; I15: Environment;

Filing Info

• Accession Number: 01049901
• Record Type: Publication
• Files: TRIS
• Created Date: May 25 2007 10:35AM