Abstract
Conservation easements are not property arrangements between private parties. They are assets that are conveyed to government entities and charitable organizations to be held and enforced for the benefit of the public. In many cases they are also charitable assetst having been conveyed in whole or in part as charitable gifts by donors interested in ensuring the permanent protection of their land and willing to make a considerable personal economic sacrifice to do so. Accordingly, applying doctrines and rules of construction that were developed in the context of private servitudes to conservation easements without also considering their status as public or charitable assets is inappropriate. Such doctrines and rules are not designed to protect the public .interest or investment in conservation easements, and they do not accord the deference to the intent of charitable donors that is necessary to prevent the chilling of future charitable donations.
Recommended Citation
McLaughlin, Nancy A. and Machlis, Mark Benjamin
(2008)
"Protecting the Public Interest and Investment in Conservation: A Response to Professor Korngold's Critique of Conservation Easements,"
Utah Law Review: Vol. 2008:
No.
4, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol2008/iss4/6