Can a conservation easement be modified or amended?
The purpose of a conservation easement is the permanent protection of the land s natural values. The grantor of a conservation easement can receive substantial income tax benefits but only if the easement is perpetual and in the public interest. For these and other reasons, conservation easements always should be implemented with the idea that they will not be modified or amended. However, changed circumstances or conditions might someday justify an amendment to the easement document. Such circumstances could include the need to clarify the document s terms; or to better protect the conservation values due to natural changes or changes in technology. Amendments to easements are rare and serve to improve the protection of the property s conservation values.
Related Questions
- Can a private landowner donate a conservation easement to convey away the propertys development rights but still continue to use the property as before the easement was granted?
- How is the value of the agricultural land conservation easement determined, and by whom?
- Can a conservation easement be modified or amended?
