This article is the second of two companion articles. The first article analyzed the requirements in Internal Revenue Code section 170(h) that a deductible conservation easement be “granted in perpetuity” and its conservation purpose be “protected in perpetuity.” That Article concluded...

Conservation easement use is growing rapidly, as is the number of organizations looking to the tool to meet land conservation needs. Until recently, tribes had not been involved in conservation easement transactions. This book chapter examines the most common way tribes have become involved in...

There is a growing interest in incentive-based policies to motivate conservation by landowners. These policies include full- and partial-interest land purchases, tax-based incentives, and tradable or bankable development rights. Using legal and economic analysis, the paper explores potential...

There is a growing interest in incentive-based policies to motivate conservation by landowners. These policies include full- and partial-interest land purchases, tax-based incentives, and tradable or bankable development rights. Using legal and economic analysis, the paper explores potential...

This article discusses and analyzes the sources and methods used by Leon Duguit in constructing the social-obligation or social-function norm of property as set out in an influential series of lectures in Buenos Aires published in 1912. The work of Henri Hayem has been underappreciated in the...

Protecting the entitlements of some inherently requires preventing others from claiming and controlling those same resources. Yet much recent research regarding property rights and economic development treats the level of property rights security in a country as homogeneous. This one-dimensional...

This updated chapter of the Lexis Treatise, Waters & Water Rights provides an overview of the statutes and cases governing water law in New York State. The state's water law is primarily codified in Article 15 of New York Environmental Conservation Law, with residual issues defined by common...

For many Americans purchasing a home in a conventional single-family subdivision is and will remain impossible. Credit challenges facing this population mandate rethinking why, where and how we build, and occupy, dwellings and their neighborhoods, and understanding how our choices affect...

This is the fourth in an exchange of articles published by the Wyoming Law Review discussing the application of charitable trust principles to conservation easements conveyed as charitable gifts. In 2002, Johnson County, Wyoming, attempted to terminate a perpetual conservation easement that had...

Today, local, state, and federal governments provide incentives intended to conserve agricultural uses. One of those incentives, the conservation easement, is flourishing in both quantity and acres conserved. Perpetual conservation easements are generally assumed to be superior to shorter-term...