Our attorneys understand the unique features of land conservation transactions and meet the challenges that conservation projects present with creative solutions.
We bring an informed, realistic, and problem-solving approach to our clients’ land conservation matters. From experience, we know that land conservation transactions take time and require patience, perseverance, and close attention to detail to achieve lasting results. Our attorneys draft technical documents, including conservation easements; conduct thorough title research; and assist with negotiating the terms of conservation easements or other legal instruments so that they are strong enough to withstand changing land-use patterns, but flexible enough to allow land-based livelihoods to remain viable and vibrant. We also provide technical expertise, advice, and support to entities that are responsible for the critical and complex work of upholding and enforcing conservation restrictions.
Our services include:
- Drafting and negotiating conservation easements and other land-use restrictions to achieve conservation outcomes
- Property title analysis to determine land conservation feasibility
- Drafting legal instruments necessary for or related to land conservation transactions, including purchase and sale agreements, donation agreements, and subordination agreements
- Expertise in land conservation incentives and compliance with incentive program requirements, including tax benefits and local, state, and federal grant funding programs
- Conservation easement interpretation and resolution of interpretation disputes
- Drafting and analysis of conservation easement corrections, amendments, and restatements
- Conservation easement enforcement, with an emphasis on negotiated solutions
- Analysis of private inurement and private benefit issues for non-profit organizations in the land conservation context
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