Conservation Easements: Structuring Effective Documents and Enforcing Terms and Conditions
Navigating Due Diligence and Development Rights, Overcoming Challenges in Amending and Enforcing Easements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will examine conservation easements and the legal considerations that must be weighed when drafting and enforcing an easement for preservation of land and natural resources. The panel will discuss the benefits and limitations of these easements as well as the challenges associated with amending and enforcing the easements. Finally, the panel will offer best practices for using conservation easements effectively and flexibly.
- Drafting and interpreting conservation easements
- Benefits and limitations of conservation easements
- Challenges in enforcing easements in perpetuity
- Issues associated with the amendment of conservation easements
- Encroachment and other legal rights to action
The panel will review these and other key issues:
- How should counsel draft and structure conservation easements to maximize benefits to the holder?
- What are the challenges and state law implications of enforcing easements in perpetuity?
- How can counsel advise clients on funding and benefiting from stewardship activities?
Thomas J. P. McHenry
Gibson Dunn & Crutcher
Mr. McHenry practices general environmental law with an emphasis on air quality, hazardous waste, environmental... | Read More
Mr. McHenry practices general environmental law with an emphasis on air quality, hazardous waste, environmental diligence, land use and energy issues. He represents clients in negotiations with state and federal environmental agencies including air quality management districts, regional water quality control boards, the Department of Toxic Substances Control and the California and U.S. EPAs in the context of air quality, soil and groundwater cleanup, the California Environmental Quality Act, facility siting, permitting and other environmental and natural resources issues. Mr. McHenry is a Visiting Associate Professor of Government at Claremont McKenna College where he teaches environmental law and policy.Close
William F. (Fritz) Paulus, Esq.
Mr. Paulus’ practice focuses on land conservation transactions in Oregon. Currently, he is representing Tillamook... | Read More
Mr. Paulus’ practice focuses on land conservation transactions in Oregon. Currently, he is representing Tillamook County with its fee title acquisitions for the Southern Flow Corridor Project, a large flood plain restoration project that will significantly reduce flooding in the city of Tillamook and improve salmon habitat in the Tillamook Bay estuary. Conservation easements are one of his practice areas, where he represents individuals, government entities and non-profits in preparing and giving legal advice about these instruments. He authored a new chapter about conservation easements in the Oregon Real Estate Deskbook, published by the Oregon State Bar in 2015, and is a frequent speaker on the topic.Close
Brad Raffle, Esq.
Founder and President
Mr. Raffle has 25 years of legal practice experience in conservation law, most with the international law firms of... | Read More
Mr. Raffle has 25 years of legal practice experience in conservation law, most with the international law firms of Baker Botts and Pillsbury Winthrop. He also has twelve years of business experience in conservation finance as Founder and President of Conservation Capital. Conservation Capital is one of the nation’s first private enterprises devoted to making land conservation profitable by connecting landowners to parties willing to pay for the “ecological services” or “green infrastructure” provided by the landowner’s property. Conservation Capital has assisted Fortune 500 companies, large governmental agencies and private landowners with the design and execution of environmentally beneficial land use strategies that generate revenue, save money or help parties achieve important business objectives by preserving or enhancing the environmental attributes of their land.Close