Legal Issues in Land Conservation Transactions
About this Course
Increasingly important in our efforts to preserve ecological diversity, historic places, working lands, scenic viewsheds, open space, and public uses of land are conservation tools and processes such as the donation and purpose of conservation easements. Students will research and review the swiftly developing body of law and legal issues surrounding the use of conservation easements, and will gain a practical understanding of both the legal and nonlegal dimensions of land conservation transactions involving conservation easements. In addition, students will actively be engaged in an ongoing conservation transaction, beginning with early negotiations, drafting, and financial analysis, and proceeding along a spectrum to donation, violation, and enforcement of terms of a conservation easement. Each student will be responsible for preparing for role-playing exercises throughout the conservation transaction process, and will prepare, draft, and negotiate a deed of conservation easement, assess various financial scenarios, and identify and resolve disputes related to the conservation transaction.