The Future of Perpetuity: Conservation Easement Concerns in the 21st Century

James L. Olmsted, University of Oregon School of Law

Abstract

This brief article provides explanatory background material on the use of conservation easements to protect private lands and describes some of the major concerns of the land trust community regarding the use of conservation easements in the 21st century. Among the subjects discussed are conservation easement amendment and termination, making conservation easement existence and location public, taking climate change into account in conservation easements, the interaction of conservation easements and land use and zoning, and the increased reliance on management plans to inject flexibility into conservation easements. The article is downloaded along with the full Fall issue of the Long View, a publication of the Oregon State Bar Sustainable Future Section, which includes two other articles on conservation easements and an article addressing Oregon's Public-Trust Doctrine.