CONSERVATION EASEMENTS AT THE CLIMATE CHANGE CROSSROADS
This article examines the conundrum that occurs when climate change leads to a landscape that conflicts with conservation easement terms. In facing the challenge of a disconnect between conservation easements and a changing world, there are two main tacks. First, conservationists can make conservation easements fit the changing landscape. Second, conservationists can change the landscape to fit the conservation easements. Both of these options present challenges and conflict with the essence of the conservation easement tool. A conservation easement that is too changeable endangers the perpetual protection that is the cornerstone of conservation easements. But, forcing the landscape to fit a conservation easement requires active management, something more often associated with fee-simple ownership. The solution to using conservation easements in a changing world lies somewhere between these two extremes, with the most important level of analysis being an assessment of when to use conservation easements.
Publication Date: 2011
Credits: LAW AND CONTEMPORARY PROBLEMS [Vol. 74:199 This article is also available at http://www.law.duke.edu/journals/lcp.
Fair Use OK
DOWNLOAD FILE — PDF document, 154 kB (158,684 bytes)
