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Conservation Easements

399 published works

  1. Land Use Prof Blog

    Conservation Easements and Fracking

    By Land Use Prof

    One of the tricky things about conservation easements is that most of purport to protect land in perpetuity but the original parties to conservations easements are probably not going to…

  2. Nonprofit Law Prof Blog

    Mitchell v. Commissioner Revisited – 170(h) Requires Perpetuation of Conservation Easement Itself, Not Just Conservation Purposes

    By nonprofitlawprof

    In Mitchell v. Commissioner, T.C. Memo. 2013-204 (Mitchell II), the Tax Court denied the taxpayer’s motion for reconsideration and supplemented its opinion in Mitchell v. Commissioner, 138 T.C. No 16…

  3. Nonprofit Law Prof Blog

    IRS Chief Counsel Memorandum Addresses Conservation Easement Valuation

    By nonprofitlawprof

    The IRS Office of Chief Council has published a memorandum (Number 201334039, Release Date 8/23/2013)* that provides helpful guidance on valuing conservation easements in accordance with some of the more technical…

  4. Land Use Prof Blog

    Agricultural Conservation Easements and Charitable Trusts

    By Land Use Prof

    An interesting case from Maryland this summer chimed on a debate going on in the conservation easement literature about the extent to to which charitable trust law applies to conservation…

  5. Land Use Prof Blog

    Unusual Reading in Buffalo: From John Birch to Glenn Beck

    By Land Use Prof

    In summer, I like to put aside an hour or so each work day to read various articles and books that I have stumbled across during the busy semester but…

  6. California Land Use & Development Law Report

    Offsite Conservation Easements Are Feasible Mitigation For Loss Of Agricultural Resources According to Appellate Court

    By Marie Cooper

    The First District Court of Appeal has ruled an EIR inadequate for failure to explore fully the use of conservation easements to mitigate impacts to agricultural resources. Masonite Corporation v.…

  7. Nonprofit Law Prof Blog

    Carpenter v. Commissioner Revisited – Federally-Deductible Conservation Easements Must be Extinguishable Only in a Judicial Proceeding

    By nonprofitlawprof

    In Carpenter v. Commissioner, T.C. Memo 2013-172 (Carpenter II), the Tax Court denied the taxpayer’s motion for reconsideration and supplemented its opinion in Carpenter v. Commissioner, T.C. Memo. 2012-1 (Carpenter…

  8. Land Use Prof Blog

    HCN Article About Jackson, Wyoming Highlights Concerns with Conservation Easements

    By Land Use Prof

    I am not sure how many of you are readers of High Country News, but it is of course the go to source for news about the West (especially if…

  9. Nonprofit Law Prof Blog

    Pesky v. U.S. – Deduction for Conservation Easement Donation Not Fraudulent

    By nonprofitlawprof

    Understanding the District Court’s rulings in Pesky v.United States, No. Civ. 1:10-186 WBS (July 8, 2013) (Pesky II), requires a bitof background.On or around September 29, 1993, the Peskys and…

  10. PropertyProf Blog

    Owley on the Conflict Between the Changing Natural World and Rigid Property Doctrines

    By propertyprof

    Jessica Owley (Buffalo) has posted Property Constructs and Nature's Challenge to Perpetuity (Book Chapter) on SSRN.  Here's the abstract:Conservation biology and ecology (as well as our eyes and ears) tell…