Abstract
As explained in the Guidelines: “It is impossible to predict all the circumstances that may arise in the future. Even the most well-drafted conservation easement may need to be amended at some point, for example, to clarify terms, add land, improve enforceability, resolve disputes, or address unanticipated land uses.” Since their release in 2010, the Guidelines have been useful to the land trust community and to the New Hampshire Attorney General in facilitating a thorough and efficient review of proposed amendments to, as well as partial extinguishments of, conservation easements. This review has helped to ensure that both the public interest and investment in conservation easements and the donors’ intent to preserve special places are protected in perpetuity. In the words of Professors Nancy A. McLaughlin and W. William Weeks, “[C]onservation easement donors, like all other charitable donors, should have assurance that the charitable purposes to which they dedicate their property will be honored.”
Recommended Citation
Knowles, Terry M.
(2013)
"Amending or Terminating Conservation Easements:
the New Hampshire Experience,"
Utah Law Review: Vol. 2013:
No.
3, Article 8.
Available at:
https://dc.law.utah.edu/ulr/vol2013/iss3/8