I have several law professors, lawyers, and environmental scientists following me now. Are any of you interested in #ConservationEasement law?
@dancline #ConservationEasements are good ideas phlosophically but problematic in practice, if the beneficiaries: (1) are not discrete entities (e.g., organized nonprofits); (2) don’t have a proven record of land management expertise; and (3) don’t have a sound long term management/financial plan.
@jesse808 Great points. I served for 6 years on the Land Trust Accreditation Commisssion, and also served on a committee responsible for updating the Standards and Practices that apply to all members of the Land Trust Alliance. We focused on making sure our member land trusts complied with state and federal laws governing nonprofits, maintained high ethical standards, and had the resources to monitor and protect the conservation easements under their protection.
@dancline that’s good practice: minimize public risk (since governments usually step in when conservation easements fail) and ensure proper stewardship of resources. Issues tend to arise when small groups band together to save certain areas from development but don’t have expertise or record of management that PLTs have. I find historic easements particularly susceptible where fundraising to maintain historic structures in perpetuity is particularly challenging.
@jesse808 historic CEs are a completely different animal. My focus has been on environmental CEs. Nice to meet you. Let’s stay in touch. Are you on the Conservation Defense Network listserve?
@dancline having drafted both, I wouldn’t say “completely different animals” more like a Great Dane compared to a chihuahua, CEs being the former. Good to meet you too. I’ll see you around #fedilaw.