Conserving Natural Resources and Open Spaces : A Primer on Individual Giving Options

Industrialization and real estate development continue to deplete natural resources, thereby decimating fauna, flora and their open space habitats. Government action has failed to stem this destruction. Thus, the burden of land conservation has generally fallen upon individuals, trusts, and the private sector. However, numerous pitfalls await those good hearted persons who wish to undertake the responsibility of natural resources. Some of these difficulties include the many problems of common law property transfers, liability for contaminated real estate, under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and its state equivalents, and tax issues. This article focuses on the Gestalt of real property transfers, including conservation easements, covenants, transfers in trust, and land trust, among other vehicles; liability for contaminated real property; and suggests strategies for the acquisition of "clean" properties