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Second Department Explores Scope of Conservation Easement

By Stewart E. Sterk
October 01, 2016

The conservation easement has become a common mechanism for achieving a variety of preservation objectives. Occasionally, however, disputes arise about the easement's scope: What remaining uses can the grantor of the easement make of the underlying fee interest? The Second Department faced that issue this summer in Orange County Land Trust v. Tamira Amelia Farm, LLC (NYLJ 7/21/16, p.25, col. 1.).

The Conservation Easement Statute

Section 49-0303 of the Environmental Conservation Law defines a conservation easement in real property as an interest “which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or national condition, character, significance or amenities of the real property ' ” Section 49-0305(3) provides that a conservation easement “ shall be held only by a public body or not-for-profit conservation organization ' ”

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