Legal Aspects of Conservation Easements: A Primer for Transportation Agencies (2013) / Chapter Skim
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Pages 36-40
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36 nority approaches, since these decisions are based predominantly on case-specific facts and governing law. One approach taken by courts has been to "attempt[]
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37 A Amendment by Agreement Under the UCEA, "a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements."205 This language is significant because under the common law, since "[c]
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38 a practical matter, any amendment to these easements will require significant notice and negotiation. It is unlikely that any amendment seeking to decrease the term of the easement or the amount of area protected will be acceptable.
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39 judicial sale, and marketable title legislation. Knowledge of each of these mechanisms will be helpful to transportation agencies in the processes of either seeking to perpetuate or terminate conservation easements.
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40 Though some states provide exceptions for conservation easements,232 this is not the standard practice. As a result, to ensure continued regulatory compliance and protect the public's investment over the long term, transportation agencies should evaluate the applicability of state marketable title acts and design mechanisms for addressing these issues.
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