Conservation Easements: Structuring Effective Documents and Enforcing Terms and Conditions
Due Diligence and Development Rights, Challenges in Amending and Enforcing Easements
Recording of a 90-minute CLE webinar with Q&A
This CLE course will examine conservation easements and the legal considerations when drafting and enforcing an easement for the preservation of land and natural resources. The panel will discuss the benefits and limitations of these easements and the challenges associated with amending and enforcing the easements. Finally, the panel will offer best practices for using conservation easements.
- 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?
J. Jeffrey Holland
Holland & Muirden
Over the past 25+ years, Mr. Holland has worked on conservation projects for both individuals and nonprofit... | Read More
Over the past 25+ years, Mr. Holland has worked on conservation projects for both individuals and nonprofit organizations, including issues involving conservation easements, deed restrictions, timber rights, farmland preservation, open space developments, and wetland mitigation. Mr. Holland is an adjunct professor at Case Western Reserve University School of Law and is a former Vice President/Director of the Western Reserve Land Conservancy.Close
William F. (Fritz) Paulus
Attorney at Law
Mr. Paulus is a real estate attorney who focuses on conservation transactions in Oregon. With over 16 years of... | Read More
Mr. Paulus is a real estate attorney who focuses on conservation transactions in Oregon. With over 16 years of experience structuring and implementing conservation projects, he is currently representing a local government in acquiring the real property interests for the Sturgeon Lake Restoration Project, a federally-funded project that will improve fish and wildlife habitat of the Columbia River 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