Conservation Easement Due Diligence: Navigating IRS Approval, Appraisals, Phase 1 Assessments and More
Effective Due Diligence Approaches for Easement Grantors and Grantee Conservation Organizations
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance for counsel for grantee conservation organizations and easement grantors on key due diligence issues involved in conservation easement transactions. The panel will outline approaches to identify and mitigate risks and liabilities.
- Choosing a conservation partner (easement holder)
- IRS approval requirements if grantor donates easement
- Due diligence
- Baseline Data
- Appraisals and a Land Use Analysis
- Title Searches and Subordination Issues
- Environmental assessments
- Easement Monitoring and Stewardship
- Easement Modification, Interpretation and Amendments
The panel will review these and other key issues:
- What should easement grantors consider when choosing a conservation partner?
- What factors help determine the scope of due diligence sufficient for real estate transactions?
- What are the best practices for evaluating and managing environmental risks in conservation easement transactions?
- What should easement grantors consider in order to minimize audit risks associated with donated conservation easements?
Benjamin S. Wechsler
Linowes and Blocher
Mr. Wechsler concentrates his practice on land use and environmental law, as well as litigation. Prior to joining... | Read More
Mr. Wechsler concentrates his practice on land use and environmental law, as well as litigation. Prior to joining the firm, he worked as a commercial and real estate litigator with the San Francisco and Palo Alto offices of Gray Cary Ware & Freidenrich now part of DLA Piper. His practice focuses on the management of land and water resources, and including the Maryland Forest Conservation Act, the Chesapeake and Atlantic Coastal Bays Critical Area Program, and various federal, state, and county programs regulating land use, water quality, and wetlands protection.Close
State Director, Conservation Acquisition
The Conservation Fund
Mr. Crouch sources, manages and oversees all conservation real estate activities occurring in Maryland working to... | Read More
Mr. Crouch sources, manages and oversees all conservation real estate activities occurring in Maryland working to establish positive and productive relations with partners and landowners throughout the state. He brings extensive transactional experience to the world of land conservation. For eight years prior to joining The Conservation Fund, he served as acquisitions officer for Phillips Edison & Company, one of the country’s largest shopping center owners.Close
Maureen L. Mitchell
Ms. Mitchell’s environmental practice involves representing public and private entities, including non-profits,... | Read More
Ms. Mitchell’s environmental practice involves representing public and private entities, including non-profits, in regulatory and litigation matters. She has experience in the following areas of law: CERCLA (including Natural Resource Damage claims), RCRA, Clean Air Act, Clean Water Act, Model Toxics Control Act, SEPA/NEPA, climate change/carbon markets, and water rights. Her litigation practice has particular emphasis on commercial disputes, insurance, real estate, environmental, land use, and Indian law. She has represented clients in state and federal courts, at the trial level, and on appeal.Close