LAW 7843 - Conservation Easements: Theory, Practice and Drafting

This course will cover many of the important issues associated with the use of conservation easements as a land protection tool. It will begin with a discussion of the history of the use of conservation easements in the United States and end with an exploration of emerging issues in the field. All aspects of the law will be covered, including federal tax law, state property law, and state law governing the operation of charities and their use and disposition of charitable assets. The course will provide an in-depth knowledge of the relevant laws and policy undergirding the use of conservation easements in the U.S. that will be useful to (i) students interested in private land conservation issues, whether from a personal or professional perspective; (ii) practicing lawyers engaged in transactions involving conservation easements, whether representing a landowner or a government entity or nonprofit acquiring or enforcing an easement; (iii) government and nonprofit personnel involved in the acquisition and enforcement of conservation easements; (iv) academics teaching, researching, and writing in areas that address the use of conservation easements; and (v) policymakers involved in decision making relevant to the acquisition, use, and enforcement of conservation easements. This interactive course will be graded based on a combination of class participation and writing assignments.