Introduction: Conservation Easements in Context

• Author: Laurie A. Ristino
• Pages: 1-4

Page 1

Chapter I. Introduction:

Conser vation Easements in Context

Laurie A. Risti no

In a mere few decades, conservation easements have become an essential conservation tool to protect

the American landscape. Between 2000 and 2010, the total number of acres protected by la nd trusts

grew by 23 million acres to 47 million acres.1 is number does not include acres protected by federal,

state, and loca l governments using conservation easements, which would likely add several million more.

By 2010, the number of land trusts created to hold such easements had grown to 1,723.2

us, the time is ripe to provide a comprehensive review of conser vation easements given their wide-

spread use, the ongoing innovation of the instrument, and the pressing environmental challenges of our

time, requiring creative solutions such as the potential provided by easements. Our hope is that e Con-

servation Easement Reader (“Reader”) will oer conservationists, academics, government ocials and others

a nuanced, multi-faceted resource. In this Reader, we have e xcerpted leading articles and reports in law as

well as natural and socia l sciences to illuminate various aspects of conservation easements. Our intent is

that this book will provide the reader with information to help determine when and how the use of conser-

vation easements is appropriate to achieve strategic conservation goals.

e Reader is organized as follows: is introduction provides a brief discussion of real property in order to

contextualize how conservation easements are an important and unique development within American prop-

erty law. Chapter II explains how “conservation easement” is dened legally and includes a historical overview

of the legal development of conservation easements. Chapter III provides examples of the multi-faceted ways

that conservation easements are used to achieve various environmental, conservation, and business goals.

Chapter IV discusses limitations a nd critiques of conservation easements. Chapter V explores important

issues regarding the tax treatment of conservation easements, including the perennial topics of donation and

valuation. Chapter VI argues for the use of conservation easements as part of strategic resources planning and

protection. Chapter VII is a forward-looking discussion of the evolving use of conservation easements in other

countries, touching upon the promise and challenge of adapting this instrument internationally. Each chapter

is introduced by the editors, providing context and analysis to orient the reader.

A. Property in Context

At any stage in human history the preva iling institution of property is chiey an inheritance from the past.

is inherita nce, however, is subject to constant c hange. ese changes represent eorts to work out adapt a-

tions to new problems presented by new ingredients i n the political, economic, and philosophical at mosphere

of the moment. . . . It is the pur pose of this, and of the succee ding paragraphs, to present some ev idence that

this inst itution is still in the vital process of remaking a nd that this state of ux de serves the best statesm an-

ship of the lawyer class if the institution is to continue to justify its existence by furthering the genera l welfare.

—R  R. P, P   R P, § 2.06 (Mic hael Allan Wolf, ed. 2007).

1. 2010 National Land Trust Census Report, Land Trust Alliance, A Look at Voluntary Land Conservation in America (Nov. 16, 2011), https://

www.landtrustalliance.org/land-trusts/land-trust-census/2010-nal-report.

2. Id. at 5.