Required

Adjusting Conservation Easements, Elder Law Attorney, Woodstock, GA

In the U.S. 40 million acres of land are subject to conservation easements. It can be difficult for heirs and other property owners to make adjustments to these easements.

The last few decades have seen a growing awareness of environmental concerns in the U.S. and throughout the world. While there have been many responses to this, such as increased recycling and use of alternative energy sources, one popular trend has seen landowners put some of their property under perpetual conservation easements.

These are meant to preserve the protected land in the state of nature it was in at the time the easement is created.

However, this can create issues for those who inherit land under a conservation easement. As the land cannot be used for development, it lowers the value at which it can be sold. Both heirs and other later owners of the property are often interested in adjusting the easements so the property can be developed.

The Wills, Trusts & Estates Prof Blog recently wrote about an attempt to fix this problem in Vermont in “Debate Arises In Vermont Over Allowing Adjustments To Conservation Easements.”

The proposal discussed in the article would have allowed the state government of Vermont to make adjustments to conservation easements that furthered the overall goal of conservation. This particular proposal did not get very far as opponents were concerned it would give the government free reign to disregard the wishes of property owners who originally put the land in easements.

As there are approximately 40 million acres of land in the country under conservation easements, this issue is likely to continue to be a controversial one for many years to come. The ultimate question is whether a current property owner should have the right to determine how later owners can use the land in perpetuity.

It is not an easy question to answer.

Reference: Wills, Trusts & Estates Prof Blog (Dec. 14, 2015) “Debate Arises In Vermont Over Allowing Adjustments To Conservation Easements.”

Hear From Our Clients
tes-prev
tes-next

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben