A landowner has land under conservation easement and is ready to conserve more of their nearby property. How best to carry this out? This guide describes three approaches and includes a model document to help implement one of the alternatives.
If changes to a conservation easement are necessary or desirable, the easement holder must decide whether to amend and restate the grant of easement in full or simply amend it. This guide assists with that decision and points to resources to aid in implementation of the decision.
The Model Grant of Conservation Easement and Declaration of Covenants may be modified to amend and restate a grant of conservation easement by following the instructions below.
Conservation easements are intended to last—to ensure protection of important resources, no matter people’s whims—through the decades and centuries. However, the world changes and so do understandings of how best to meet conservation objectives. LT must be prepared to address these changes in order to ensure that its conservation work is effective while assuring its supporters and the public that it is a reliable agent of conservation. To this end, LT will judiciously consider potential conservation easement amendments and take actions that are conservation-driven, ethical, and legally sound.
This guide informs easement holders, particularly private land trusts, of legal matters to consider under Pennsylvania law and the Internal Revenue Code when making decisions regarding the amendment of grants of conservation easement. THIS DRAFT REFRESH OF THE DECADE-OLD GUIDE IS OFFERED TO THE PUBLIC FOR REVIEW BEFORE FINALIZATION IN SUMMER 2024. Send comments to jhollinger_at_weconservepa.org.