Model Conservation Easement Training Series
Where
Connecticut Forest & Park Association16 Meriden Road
Meeting Room - Lower Level
Rockfall, CT 06481
Driving Directions
Contact
Amy B. Paterson, Executive DirectorCT Land Conservation Council
860-685-0785
abpaterson@ctconservation.org
Session 2: Conservation Easement Amendments
Modifications, Administration & Discretionary Consent
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Conservation easements are intended to protect land in perpetuity. But sometimes conditions change or mistakes were made in drafting. Crafting an amendment (also referred to as a "modification") can be a good way to strengthen an easement, clarify provisions or improve enforceability. Yet amendments involve risk, and some amendments are riskier than others. It's important to understand how to weigh the costs and benefits before your land trust and landowner decide whether an easement amendment is appropriate or necessary to meet conservation goals, and whether other options such as discretionary approval, licenses, interpretation letters, and discretionary waiver might be appropriate.
In this second workshop of our 2015 CLCC Model Conservation Easement (CE) Training Series, using relevant sections of the model as our guide, we will explore the challenging, and at times controversial, issues land trust face when deciding on easement amendments.
Please join us to discuss evolving practices, legal principles and risk management regarding easement amendments, including:
- When should one amend a conservation easement?
- What changes are appropriate? What changes are not? What factors should one consider?
- What guidance does Land Trust Standards and Practices offer?
- How does state law affect amendment decisions?
- What is the IRS position on amendments?
- What should you include in your land trust's amendment policy?
- Are you amending your easements for the right reasons? And saying no to amendments for the right reasons?
- Are there other options to achieve the same goals?
- How do you analyze and manage potential risks when amending an easement . . . or when choosing not to amend?
Bring your questions and war stories! (And bring your land trust's attorney too!) This workshop is designed to engage participants in what is certain to be an interesting discussion about if and when easements might be amended.
About the CLCC Model Conservation Easement Project
Launched in 2014, the goal of the CLCC Model Conservation Easement (CE ) Project is to strengthen the quality and viability of conserved lands in Connecticut by: (1) creating a statewide model conservation easement template for use by the land conservation community; and (2) improving the knowledge, skills and abilities of the drafters and users of conservation easements through a comprehensive training program.The 2014 Model is meant to be a starting point from which to build future model documents. Input received from the land conservation community in 2015 will help us to improve upon the next edition of the model planned for 2016..
CLCC's Model CE Working Group is comprised of attorneys and other conservation practitioners from around the state who got together to research and draft a conservation easement template, with a goal of simplifying language as much as reasonably possible and permitting adaptation to a broad array of situations.
CLCC's Model CE Project and 2015 training & education program are made possible in part through the generosity of the Geoffrey C. Hughes Foundation.
Cost:
CLCC Members: Free
Non-CLCC Members: $25
Lunch will be provided.
Intermediate/Advanced (but all levels are welcome)
Instructors:
The workshop will be led by Attorney Linda Francois, with participation from Connie Manes and other members of the CLCC Model CE Working Group, as well as other attorneys including a representative from the Connecticut Attorney General's Office.