Common Questions on Conservation Easements
Our objective is to address landowner concerns regarding conservation easements, to separate fact from fiction, and answer some common questions regarding conservation easements.
We approach the subject from a legal and practical perspective, so that landowners can make a better informed choice regarding
whether donation of a conservation easement is the right option for their particular situation.
This paper is divided into two sections: overview of property rights and common questions. In the “facts” section we begin with an overview of conservation easements
and their impact on private property rights, as well as the benefits that justify the
impact. Then we discuss some specific property rights affected by conservation easements,
including the right to use water, minerals, oil and gas, and wind power. Finally, we
answer some common questions that come up with regard to practical considerations. In the “common questions” section, we focus on questions and concerns that are based on
widespread misconceptions.
